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The Delhi High Court has directed the city government to take expeditious steps for filling up posts of non-official members of the Delhi Mental Health Authority.
A bench of Acting Chief Justice Vibhu Bakhru further said once the authority is constituted, it would take expeditious steps for the constitution of review boards according to the Mental Health Care Act.
The bench, also comprising Justice Tushar Rao Gedela, clarified that the process of constituting the authority and the boards shall not be impeded by imposition of the Model Code of Conduct in view of the upcoming Delhi Assembly elections.
The court passed the order on December 12 while dealing with two petitions seeking the enforcement of provisions of the mental health law, including the constitution of the state mental health authority as well as the district mental health review boards.
In its order, the court noted that on November 27, the Delhi government appointed seven ex-officio members for constituting the Delhi Mental Health Authority and at the end of the notification, the notation stated that the non-official members would be selected in due course of time.
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"We consider it apposite to dispose of the present petitions by directing the GNCTD to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority with a further direction that the said Authority, as and when constituted, would take expeditious steps for constitution of the Review Boards in accordance with Sections 73 and 74 of the Act," the order said.
It granted liberty to the petitioners to revive their pleas if the authority failed to comply with the directions within a reasonable period of time.
On November 25, the high court asked the Delhi government to appoint seven ex-officio members to the state mental health authority according to the central rules within a week.
Petitioner Amit Sahni, an advocate, has said in his petition that the object of the Mental Health Act was to provide mental healthcare and services to persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of care and services.
He has sought a direction to the Delhi government to constitute the state mental health authority and district mental health review boards.
Petitioner Shreyus Sukhija also sought constitution of the authority as per the mandate of the law.
Sahni has asserted in his plea that Section 73 of the Act mandates that a state mental health authority shall by notification constitute mental health review boards for a district or a group of districts under the new Act.
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