HC issues order to Nagaland government over mental health care rules

DIMAPUR — The Gauhati High Court, Kohima Bench, has directed the government of Nagaland to send a reminder to the Ministry of Health and Family Welfare to expedite the approval of the State Mental Health Care Rules at the earliest.

This directive was issued by the Division Bench comprising Justice Kakheto Sema and Justice Budi Habung on Wednesday.

It came after the government advocate told the court that the state government has submitted the draft State Mental Health Care Rules to the Ministry of Health and Family Welfare and is yet to be approved.

The court was hearing a public interest litigation (PIL) filed in July 2021, which sought, among other things, to direct the state respondents (the State of Nagaland, represented by the Chief Secretary and the Department of Health and Family Welfare) to constitute the State Mental Health Authority as per the provisions of the Mental Health Care Act, 2017.

In the subsequent court hearings, the state respondents were directed to make the State Mental Health Authority and its associated Boards operational.

On October 26, 2022, the state respondents informed the court that progress had been made, including the reconstitution of the State Mental Health Authority and the drafting of the Nagaland State Mental Health Rules, 2022, which were in the notification process. Two Mental Health Review Boards in Kohima and Tuensang were also established on September 9, 2022.

The court had noted that while these actions addressed the concerns raised in the public interest litigation (PIL), the effective operation of the authority and boards would depend on the official notification of the Rules.

By June 2023, the government advocate submitted that the Nagaland State Mental Health Care Rules, 2022 was awaiting the approval of the Cabinet. On September 20, the advocate submitted that the Rules had been forwarded to the Central Government for approval.

The court listed the matter for hearing again for November 29.

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