Tue Oct 28 22:30:00 UTC 2025: Summary:

The Supreme Court of India has transferred a 2018 petition regarding the proper functioning of Central and State Mental Health Authorities to the National Human Rights Commission (NHRC). The petition, originally filed by advocate Gaurav Kumar Bansal, highlighted the poor treatment of mentally ill prisoners and sought the effective implementation of the Mental Healthcare Act of 2017, including the constitution of and funding for mental health authorities and review boards. The Court, noting that these authorities are now functioning, believes the NHRC is best positioned to monitor their performance and ensure they operate effectively, protecting the rights of individuals with mental illness.

News Article:

Supreme Court Transfers Mental Health Authority Monitoring to NHRC

New Delhi – October 29, 2025: The Supreme Court of India has tasked the National Human Rights Commission (NHRC) with monitoring the effectiveness of Central and State Mental Health Authorities across the country. The decision, announced Tuesday, stemmed from a 2018 petition filed by advocate Gaurav Kumar Bansal concerning the plight of mentally ill individuals, particularly those incarcerated and mistreated.

Bansal’s initial petition raised concerns about prisoners found chained in a “faith-based” asylum in Uttar Pradesh and called for the proper establishment and funding of Mental Health Authorities and Mental Health Review Boards as mandated by the Mental Healthcare Act of 2017. These bodies are designed to protect the rights of individuals with mental illness.

While the Health Ministry has since filed an affidavit stating that the authorities are now functioning, the Supreme Court, presided over by Justice P.S. Narasimha, deemed the NHRC best suited to oversee their operation.

“In view of the fact that Central Mental Health Authority as well as the authorities constituted by the States and Union Territories, are functioning, we are of the opinion that the interest of justice will be subserved if the NHRC monitors the writ petition and passes directions after hearing these authorities,” the court stated.

The court has directed the NHRC to re-designate the petition as a “complaint” and monitor its progress in accordance with the law, further empowering the NHRC to issue orders ensuring these authorities function “vibrantly.” This transfer signals a renewed focus on ensuring the protection and well-being of individuals with mental illness within the Indian legal and healthcare systems.

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