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Delhi HC slams Centre for not setting minimum standards at mental health establishments

The Delhi High Court on Monday directed the Centre to submit its response on a Public Interest Litigation seeking regulations for the maintenance of minimum standards in mental health establishments.

A divisional bench comprising Chief Justice D.N. Patel and Justice Prateek Jalan slammed the Centre over the delay in issuing the regulation asking why are you taking such a long time in issuing “Minimum Standards for Different Categories of Mental Health Establishments” and “Regulations on Advance Directive.”

The petition has been filed by Advocate and Mental Health Activist Gaurav Kumar Bansal seeking framing of regulations for maintaining the minimum standards in mental health establishments under the Mental Healthcare Act.

Earlier, in a similar petition, the High Court had directed the Central Government to treat the petition as a representation and take a decision over the issue as expeditiously as possible.

The Central Government submitted that the draft is ready and the same would be published as the draft minimum standards is finalised.

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The petition has stated, “Since till date, government has neither issued any notification prescribing minimum standards for such establishments nor has clarified whether such establishments shall be treated as mental health establishments, persons with mental illness are finding it difficult to approach such entities.”

The bench has listed the matter for further hearing on February 5.

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