PATNA: Expressing shock and displeasure over the lack of a mental health authority in Bihar despite such provisions in the Mental Health Care Act, 2017, and the growing need of mental healthcare services in the wake of Covid-19 pandemic, the Patna high Court has directed the state’s chief secretary to forthwith take all steps ensuring establishment of the authority as stipulated and indicate the steps taken for complying with the other provisions of the statute.

“It appears that mental health of a person and treatment of those who are in need, more so during the time of Covid-19, is the least priority of the State Government,” said an order passed by the bench of chief justice Sanjay Karol and justice Sanjay Kumar on a public interest litigation (PIL) field by Akanksha Maviya. The order was passed earlier this week.

The bench noted that the move for establishing the authority commenced only in the year 2020, that too, with the publication of an advertisement in the newspaper. “Since then, nothing has been done to expedite the process. Even the affidavit filed by the Additional Director, Health, Bihar does not disclose the time-limit within which such process would be completed. The averments are as vague as they can be,” it added.

Not satisfied with the government’s affidavit, the bench observed: “It is only averred that ‘applications were received under the above-mentioned advertisements and the same are under consideration, but due to Covid-19 Pandemic effect, the same are still in the process of finalization’. What is that stage? How much time it would take to complete? Who all are engaged in the selection process? are all questions left to be answered by one’s own imagination,” the bench added.

The next hearing is scheduled for February 25.

“Shockingly, as is now evident from the affidavit filed by the State, the said authority has yet not been constituted. Also, as to whether there was one under the repealed Mental Health Act, 1987 is not clear from the state’s response. The purpose behind the enactment is to provide mental healthcare and services to persons in need,” the bench said.

The Mental Health Care Act, 2017 was notified on April 7, 2017 with the objective of providing for mental healthcare and services for persons with mental illness as well as to protect, promote and fulfil the rights of such persons during delivery of mental healthcare. It specifically deals with the establishment and composition of the state authority, to be termed as the “State Mental Health Authority”.

The Petitioner had sought direction to the authorities to establish a legitimate and functional State Mental Health Authority in adherence with Section 45 and Section 55 of the Mental Healthcare Act, 2017 and start a helpline and counselling facilities for providing authentic information on mental health and Covid, address anxiety, stress and depression, besides training to all relevant persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of the Act. It also sought publication of the list of such registered mental health professionals in such manner as may be specified by regulations by the State Authority.