The Punjab and Haryana High Court has expressed strong dissatisfaction with the Central government's prolonged delay in approving draft rules formulated by both states under the groundbreaking Mental Healthcare Act 2017.
During a recent hearing, the bench of Justice GS Sandhawalia and Justice Lapita Banerji directly questioned the Centre's inaction, asking "What is the Centre doing?" as the crucial mental health regulations remain stuck in bureaucratic limbo.
Legal Mandate Being Undermined
The court emphasized that the Mental Healthcare Act 2017 specifically mandates state governments to frame rules for effective implementation. Both Punjab and Haryana fulfilled their obligation by submitting draft rules to the Centre for approval, but the documents have been gathering dust for months.
This delay is particularly concerning as it directly impacts the rollout of critical mental healthcare services and protections for vulnerable individuals across both states.
Centre's Response Falls Short
Additional Solicitor General Satya Pal Jain, representing the Centre, requested more time from the court, stating that the Union Ministry of Health and Family Welfare needed additional weeks to examine the draft rules.
However, the court remained unimpressed, noting that the prolonged examination period is hampering the states' ability to implement the landmark mental health legislation effectively.
Broader Implications for Mental Healthcare
The Mental Healthcare Act 2017 represents a significant step forward in India's approach to mental health, focusing on:
- Protecting the rights of individuals with mental illness
- Ensuring access to quality mental healthcare
- Decriminalizing suicide attempts
- Promoting community-based treatment
The current approval delay means these crucial protections and services cannot be fully operationalized in Punjab and Haryana, leaving many citizens without the legal safeguards promised by the legislation.
The court has given the Centre until the next hearing to provide concrete answers and expedite the approval process, signaling that patience is wearing thin over what appears to be unnecessary bureaucratic delays in addressing urgent mental health needs.
