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Morung Express News
Kohima | April 29
The Gauhati High Court, Kohima Bench has directed the Nagaland Government and the Department of Health and Family Welfare to file a compliance affidavit showing the notification of the Nagaland State Mental Health Rules, 2022, in the official Gazette within three weeks.
The Division Bench of Justice Marli Vankung and Justice Kardak Ete gave this direction on April 26, after the government Advocate sought further time for filing the compliance affidavit, showing the notification of the said Rules of 2022, in accordance with the earlier Court order dated October 26, 2022.
The Bench was hearing a Public Interest Litigation filed in July 2021, which sought, among other things, direction to the State respondents (the State of Nagaland, represented by the Chief Secretary and the Department of Health and Family Welfare) to constitute the Mental Health Authority as per the provisions of the Mental Health Care Act 2017.
During subsequent hearings, the Court had directed the State respondents (State of Nagaland represented by the Chief Secretary and DoH&FW) to make the State Mental Health Authority and the Boards under it functional.
Consequently, on October 26, 2022, the State respondents informed the Court that the State Mental Health Authority had been reconstituted, and the draft rules, namely the Nagaland State Mental Health Rules, 2022, were going through the required process for notification.
The Court was also informed that two Mental Health Review Boards, one in Kohima and the other in Tuensang, having jurisdiction all over the State, had been constituted and notified on September 9, 2022.
In this connection, the Court then noted that while the submission by State respondents had substantially answered the prayer of the PIL, the effective functioning of the Authority and Boards would not be possible unless the Rules were notified.
Hence, it directed the State respondents to complete the process to notify the Rules of 2022 at the earliest. However, six months later, the State respondents were yet to notify the Rules of 2022, resulting in the new direction from the Court on April 26.
PIL on Old Age Pension: Govt not taking matter seriously
The State Government and the Department of Social Welfare appear to show no seriousness on the issue related to the Indira Gandhi National Old Age Pension Scheme (IGNOAPS), the Gauhati High Court, Kohima Bench was told recently.
The counsel for the petitioner of a Public Interest Litigation (PIL) made the observation while objecting to the request made by the standing counsel for Department of Social Welfare for more time to file affidavit-in-opposition before the Division Bench of Justices Marli Vankung and Justice Kardak Ete on April 26.
Ample time has been given to the State respondents to file the affidavit, the petitioner’s counsel contented.
The counsel was not unfounded. For instance, during the hearing of the PIL on September 14, 2022, the Court had directed the State respondents to “complete the verification of eligible persons for Old Age Pension in the State within three months from today and send the proposal to the concerned Ministry” so that all eligible persons get the benefit of (IGNOAP) at the earliest.
The direction was made after the counsel for the State responded the Court that State Government ‘is conducting the verification throughout the State and in three months the verification will be completed.’
Since then, over seven months had lapsed but the Court’s September 14, 2022 direction is yet to be complied with.
The PIL was first filed in January 2021 to espouse the cause of persons who have been denied from getting the benefit of IGNOAPS, a 100% a centrally sponsored scheme, ensuring monthly pension to members of BPL family, who are aged 60 years and above.
The petitioner, among others, has maintained that although the scheme is being implemented in Nagaland, the benefit is not being given to the actual beneficiaries and there are many bogus beneficiaries to whom the benefit has been given.
