HC Kohima Bench closes PIL on Mental Healthcare Act, 2017
Morung Express News
Kohima | July 24
The Gauhati High Court Kohima Bench (GHCKB), on July 24, disposed of a Public Interest Litigation (PIL) related to the Mental Healthcare Act, 2017 after noting that the concerns highlighted in the plea had been addressed.
The PIL, filed in 2021, sought directions to the Nagaland State respondents to immediately constitute or establish the State Mental Health Authority as mandated by the Mental Healthcare Act, 2017, among others.
It also called for the constitution of Mental Health Review Boards (MHRBs) as mandated by the State Mental Healthcare Act, 2017 with immediate effect.
During the hearing on Wednesday before the Division Bench of Justices Kakheto Sema and Budi Habung, the counsel for the Department of Health and Family Welfare (DoHFW) Nagaland, N Mozhui, pointed out a notification dated September 19, 2022, issued by the DoHFW constituting MHRBs in Kohima and Tuensang.
He also presented a copy of the letter dated June 27, 2024, by the Additional Secretary DoHFW to the Senior Government Advocate, GHCKB, conveying that the Department had already constituted two MHRBs.
The Kohima MHRB has jurisdiction over Chümoukedima, Dimapur, Kohima, Niuland, Peren, Phek, Tseminyu, and Wokha, while MHRB Tuensang covers Kiphire, Longleng, Mokokchung, Mon, Noklak, Shamator, Tuensang, and Zunheboto districts.
Mozhui also submitted a copy of the Nagaland Gazette dated March 30, 2024, notifying the Nagaland State Mental Health Rules, 2023, and argued that the relief sought in the present PIL has been addressed.
With the concurrence of counsel for the petitioners, Neiteo Koza, the Court disposed of the PIL, noting that the relief sought had been addressed by the State respondents.
PIL on RKSK
Meanwhile, in another PIL concerning the Rashtriya Kishore Swasthya Karyakram (RKSK) scheme, the State respondents (Chief Secretary, Principal Director, DoHFW, and Mission Director National Health Mission) were granted another four weeks to comply with the Court’s Order issued on February 28, 2024.
In the February order, the Court sought a status update on the implementation of the scheme with a school-based approach and questioned why it was implemented only in Kiphire district.
The Court further directed the State Health Mission to file an affidavit detailing how the funds received or disbursed by the Union have been utilized for the scheme.
It also wanted an update on when the State authority plans to implement the RKSK Scheme across Nagaland.
The RKSK scheme was launched on January 7, 2014, by the Union Ministry of Health and Family Welfare as a comprehensive health programme aimed specifically at adolescents (ages 10-19 years).
One of the issues highlighted by the PIL concerns menstrual health, particularly the provision of sanitary napkins to adolescent girls at a subsidized rate, along with awareness campaigns on this issue.
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