Institute of Legal and Management Studies

The Supreme Court recently transferred to the National Human Rights Commission (NHRC) three pleas filed by an advocate seeking directions for the protection and welfare of persons with mental illness kept in faith-based mental asylums and for implementation of the Mental Healthcare Act, 2017.

A bench of Justice Pamidighantam Sri Narasimha and Justice R. Mahadevan passed the order after noting that the Central and Union Territory mental health authorities were functioning.

“In view of the fact that the Central Mental Health Authority as well as the authorities constituted by the Union Territories have been functioning, we are of the opinion that interest of justice will be subserved if we direct the NHRC to monitor and pass necessary directions after hearing the statutory authorities. In view of above, the writ petitions are transferred to the National Human Rights Commission”, the Court observed.

In his petitions, petitioner-in-person Gaurav Kumar Bansal sought directions to unchain persons with mental illness kept near or inside a faith-based mental asylum in Mohalla Kabulpur, Badaun, Uttar Pradesh, and to ensure their treatment and rehabilitation.

He also sought directions to the Union and State Governments to establish the Central Mental Health Authority, State Mental Health Authorities, and Mental Health Review Boards under the Mental Healthcare Act, 2017, as well as to frame rules and regulations under Sections 121 and 123 of the Act.

He sought similar directions regarding persons with mental illness at the Hussain Tekri Shrine in Jaora, Ratlam, Madhya Pradesh.

The Court had been monitoring the issue since 2019. On January 3, 2019, the Supreme Court observed that even a person suffering from mental disability is still a human being and his dignity cannot be violated.

On February 7, 2025, it directed the Union of India to file a detailed affidavit on the establishment and functioning of the Central Mental Health Authority (CMHA), State Mental Health Authorities (SMHA), and Mental Health Review Boards (MHRB), along with details of statutory and mandatory appointments.

An affidavit was filed by Under Secretary, Ministry of Health and Family Welfare, stating that the CMHA was constituted under the 2017 Act and notified on December 4, 2018. It said the nomination of new non-official members was notified on November 11, 2022, and that six meetings had been held so far, the last on March 19, 2024.

The affidavit stated that SMHAs had been established in the States and in the Union Territories of Delhi, Puducherry, and Andaman and Nicobar Islands, and that Union Territories without legislatures such as Chandigarh, Lakshadweep and Dadra and Nagar Haveli and Daman and Diu were in the process of setting up the authorities.

The affidavit further stated that Jammu and Kashmir was also in the process of constituting its SMHA. Mental Health Review Boards had been constituted in various States and Union Territories, with full operationalisation underway. Efforts were ongoing to fill remaining vacancies, the affidavit said.

Taking note that the Central and Union Territory mental health authorities were functioning, the Court held that the matter would now be appropriately monitored by the NHRC. It directed the Commission to allocate case numbers to the transferred petitions and to pass necessary directions after hearing the statutory authorities in accordance with law.

Case no. – Writ Petition (Civil) No. 1496 of 2018

Case Title – Gaurav Kumar Bansal v. Union of India & Ors.

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