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KOHIMA — The Kohima Bench of Gauhati High Court on Wednesday disposed of a Public Interest Litigation (PIL) after the Nagaland government demonstrated its fulfillment of key mandates under the Mental Healthcare Act, 2017.
The PIL, filed in 2021, highlighted the absence of a State Mental Health Authority and Mental Health Review Boards (MHRBs) in Nagaland, as mandated by the Act, and sought a court order (writ of mandamus) directing the respondents to take action.
The respondents included the State of Nagaland, and the Commissioner and Secretary, Department of Health and Family Welfare.
During the hearing on Wednesday, the counsel for the Health and Family Welfare department presented evidence of the government’s action including a notification dated September 19, 2022 which constituted MHRBs at Kohima and Tuensang.
The respondent’s counsel also placed a copy of a letter dated June 27, 2024, written by the Additional Secretary to the Government of Nagaland, in Health and Family Welfare department, to the Senior Government Advocate, Gauhati High Court Kohima Bench, which stated that the department has already constituted two MHRBs in the state, namely, the MHRB Kohima, with jurisdiction over Chümoukedima, Dimapur, Kohima, Niuland, Peren, Phek, Tseminyu and Wokha, and the MHRB Tuensang with jurisdiction over Kiphire, Longleng, Mokokchung, Mon, Noklak, Shamator, Tuensang and Zunheboto.
Further, a copy of the Nagaland Gazette dated March 30, 2024, containing the notification of the Nagaland State Mental Health Rules, 2023, was also submitted to the court.
In light of the notification, letter, and official publication of the Mental Health Rules, the respondent’s counsel argued that the concerns raised in the PIL had been effectively addressed.
Accordingly, the petitioner’s counsel concurred with this assessment and submitted a request to the court to dismiss the PIL.
“In view of the submissions made by the learned counsel for the parties and considering that the relief sought for in the present PIL has been addressed to, by the State respondents, the petition (PIL) stands disposed”, a bench comprising Justice Kakheto Sema and Justice Budi Habun stated.