Dimapur, July 17 (MExN): The Kohima Bench of the Gauhati High Court has sought the Government of Nagaland’s response on whether it has set up a State Mental Health Authority as mandated by the Mental Healthcare Act, 2017.
In case it has not been set up, the court sought to know why it should not be constituted as per the Act and when it would be constituted.
The development came after a bench comprising of Justice Songkhupchung Serto and Justice S Hukato Swu was dealing with a petition seeking directions on the State to constitute the Mental Health Authority as per the provisions of the Act so that further necessary steps can be taken for the welfare of mentally challenged people.
The Public Interest Litigation (PIL) was filed by a Kohima resident identified as Tsipongse Thonger, and represented by advocate Neiteo Koza, according to the court order.
Section 45 of the Act states that every State Government is required to constitute an authority to be known as the State Mental Health Authority within 9 months from the date on which the Act receives the assent of the President. Such authority when constituted is responsible for constituting the Mental Health Review Board in all the districts.
“It appears from the Act, that without the constitution of the authority and the board, nothing can be initiated for the purpose of implementing the provisions of the Act,” the court observed.
In this regard, Sr Government Advocate Moa Imchen, on behalf of the state, sought time from the Court to find out whether the authority has been constituted or not.
The court has listed the matter for hearing on July 28.
