SC orders NHRC to monitor Mental Health Authorities across the country

The Supreme Court on Tuesday (October 28, 2025) transferred to the National Human Rights Commission (NHRC) a petition that sought the proper functioning and monitoring of Central and State Mental health Authorities across the country.

The order issued by a Bench headed by Justice P.S. Narasimha stemmed from a petition filed by advocate Gaurav Kumar Bansal in 2018, which highlighted the plight of mentally-ill prisoners who were found chained at a “faith-based” asylum at Badayun in Uttar Pradesh.

Mr. Bansal had, at the time, sought the constitution of Central and State Mental Health Authorities separately to protect the rights of individuals with mental illness in accordance with the provisions of the Mental Healthcare Act of 2017.

The petitioner had sought separate funding for these authorities and mental health review boards that would be put in place.

The Health Ministry subsequently filed an affidavit in court saying the authorities have been notified.

“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 apex court directed.

The court ordered the petition to be re-numbered by the NHRC as a “complaint” for monitoring and disposing of as per the law.

The NHRC was asked to pass necessary orders to ensure the authorities work vibrantly.