Shreya Gupta
On 7th February 2025, the Supreme Court directed the Union Government to submit a detailed affidavit regarding establishing and functioning key mental health authorities under The Mental Healthcare Act, 2017. These include the Central Mental Health Authority, the State Mental Health Authority, and the Mental Health Review Board. This directive was issued in response to a writ petition filed under Article 32, which sought specific directions concerning individuals in need of mental healthcare. The Supreme Court has been issuing directives in this matter since 3rd January, 2019.
A bench comprising Justices PS Narasimha and Prashant Kumar Mishra was informed that Parliament had enacted The Mental Healthcare Act, 207, which mandates the creation of these three authorities. Acknowledging this, the Court ordered that the Union Government, to file a comprehensive affidavit. Union Government is represented by Additional Solicitor General Ms. Aishwarya Bhati. This affidavit must detail the establishment and functioning of these mental health bodies and include information on the statutory and mandatory appointments within the authorities and the review board. The deadline for submitting this affidavit is set for 6th March, 2025.
The Court has scheduled the next hearing for 21st March, 2025, where it will review the submissions made by the Union Government regarding compliance with The Mental Healthcare Act.
Case Title: Gaurav Kumar Bansal v. Union Of India & Ors.
Case Number: Writ Petition(s)(Civil) No(s). 1496/2018
Bench: Justices PS Narasimha and Prashant Kumar Mishra