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Mental Healthcare Act rules: High court sets 15-day deadline for Punjab, Haryana, Chandigarh, flags years of delay

Issuing directives to ensure time-bound compliance with the Mental Healthcare Act, the Punjab and Haryana High Court also sought affidavits on group homes, mental health boards, and annual reports.

Punjab and Haryana High CourtThe Punjab and Haryana High Court bench observed that it was 'compelled' to pass directions as the state governments and the Union Territory administration had taken years to frame the Mental Healthcare Rules. (File Photo)

The Punjab and Haryana High Court on Wednesday issued a series of directions to Punjab, Haryana, the Union Territory of Chandigarh, and the Centre to ensure time-bound compliance with the Mental Healthcare Act, 2017, pulling up authorities for prolonged delays in framing and implementing key rules.

Hearing a public interest litigation filed by Pushpanjali Trust, a division bench led by Chief Justice Sheel Nagu issued a writ of mandamus to the Punjab government to notify the Mental Healthcare Rules within 15 days, noting that the Centre had approved them on April 17.

The court was informed that Haryana’s rules had already received central approval on January 8 and would be notified within 15 days. With regard to Chandigarh, the bench directed the Centre to take a decision and approve the draft rules submitted by the UT administration on April 21 within a similar time frame.

The bench observed that it was “compelled” to pass these directions as the state governments and the UT administration had taken years to frame the rules and send them for approval, despite the Act having come into force in 2017.

The court also examined compliance with provisions relating to rehabilitation infrastructure for persons with mental illness. It noted that while Chandigarh has a group home in Sector 31 and Haryana has established a halfway home at Sampla in Rohtak district, there was no clear indication from Punjab and Haryana regarding the establishment of group homes under Section 19(3) of the Act.

The bench directed the chief secretaries of both states to file affidavits detailing the status of such facilities. Haryana was also asked to place on record details of its halfway home through an affidavit before the next hearing.

The court further directed the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, to inform it about the timeline for conducting a need-based survey for establishing group homes in every district of Punjab, and to file an additional affidavit indicating the current stage of such a survey.

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On the issue of statutory oversight, the bench noted that none of the replies indicated whether annual reports mandated under Section 64 of the Act had been prepared by state authorities. It directed Punjab and Haryana to clarify this in their affidavits and explain any lapses.

The court also took note of the requirement under sections 73 and 74 of the Act to constitute Mental Health Review Boards. While Haryana submitted that it was in the process of constituting one, the bench observed that despite the passage of seven years since the establishment of the state authority, no board had been set up. It accordingly directed Haryana to constitute the Mental Health Review Board within five weeks.

The matter has been listed for further hearing on May 18.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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