Unsatisfactory progress in getting funds for Mental Health Authority, consider alternatives, HC tells Maharashtra govt

Justice Nitin M Jamdar and Justice Abhay Ahuja were hearing a public interest litigation filed by psychiatrist Dr Harish Shetty – argued through advocate Pranati Mehra – seeking implementation of the Mental Healthcare Act, 2017, and investigation into mental healthcare institutions that do not regularly assess the condition of patients to ascertain if they can be discharged.

On Thursday, Advocate General Birendra Saraf and Assistant Government Pleader Manish Pabale submitted an affidavit containing minutes of the seventh meeting of the authority held on January 4. While they said that the steps have been taken as per the court’s order, the HC was not convinced.

“We cannot be doing the work of the authority. It was not functional for this long. It has fallen behind by at least four years, we expected more work to have been done,” the HC said.

The bench asked whether funds were credited in the authority’s account, which was opened last October.

Saraf referred to the minutes of the meeting, which stated that though funds from National Health Mission are being utilised, a proposal has been submitted to the government for providing corpus funds to the authority.
Simultaneously, the state public health department will pursue the matter with the finance department and Accountant General, Mumbai, for allotment of the provision in the budget or budget head, he added.

Saraf further said that after getting the budget head, a supplementary demand for corpus fund of Rs 3.14 crore should be submitted in the ensuing Budget Session for 2022-23 and regular provision should be ensured in the budget estimates.

The HC noted, “In short, it would take some time for the amount to be credited in the authority’s funds and to enable it to discharge functions. The possibility of sources other than grants can be considered.”

The court said that the authority required funds for “ground-level work”. “We will stop monitoring once the authority is fully functional. But there are no funds, how will authority function,” it asked.

The HC then said that authority can be given some funds immediately either through loans or some other arrangement. The government said that while loans are not mandatory as per statute, it will try and request the concerned department to consider the court’s suggestions.

The HC will hear the plea next on February 17.