This comes, just a week after the Bombay High Court had pulled up the state government for failing to ensure that State Mental Health Authority was fully functional.
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Last week, a division bench comprising Justices N M Jamdar and N R Borkar noted that when the Act provides for an authority to make sure that its object of it is fulfilled, the state government cannot expect the High Court to look into these, news agency PTI reported.
The PIL was filed in the High Court by a Mumbai-based psychiatrist, who sought a comprehensive report on the condition of all people in mental health facilities across Maharashtra. The psychiatrist also sought a review of their status for discharge as mandated by the Mental Healthcare Act, 2017, PTI reported.
Justice Jamdar said, “First and foremost, you (government) have to set up this State Mental Health Authority, which will be looking into implementing the provisions of the Act. The court cannot be entrusted with this.”