The right to life and liberty under Article 21 of the Constitution includes the right to live with dignity. The Mental Healthcare Act, 2017 protects and promotes the rights of persons with mental illness, including the right to access mental healthcare and the right to live in society.

JUDGMENT

Sanjay Karol, C. J. - A Constitution Bench of the Hon''ble Supreme Court of India in Common Cause (A Registered Society) v. Union of India & another , (2018) 5 SCC 11, inter alia, observed as under:

"202.9. Right to life and liberty as envisaged under Article 21 of the Constitution is meaningless unless it encompasses within its sphere individual dignity. With the passage of time, this Court has expanded the spectrum of Article 21 to include within it the right to live with dignity as component of right to life and liberty."

2. The aforesaid observation applies, on all fours, in construing the provisions of the Mental Healthcare Act, 2017 (hereinafter referred to as the Act).

3. The Writ Petitioner has highlighted two instances, where persons suffering from mental illness, who were found wandering on the road, were taken to the hospital for providing medical treatment. He also points out indifferent and callous attitude on the part of the authorities in discharging the duties under the Act.

4. We may only point out that the persons with disability, referred to in the writ petition, were properly attended to and appropriate action taken in that regard.

5. During the pendency of the petition, we had issued certain directions.

6. On 01.01.2018, we had observed that under Section 23 of the Act, officer Incharge of the Police Station is required to take into protection any person wandering at large within their jurisdiction. He is required to take care of persons whom he has a reason to believe are suffering from mental illness and are incapable of taking care of themselves.

7. We had observed that keeping in view the geographical conditions of Himachal Pradesh, it may not be possible for every police officer, within the State of Himachal Pradesh, to search for all such persons. Equally, it is the duty and responsibility of every citizen to inform the police about the whereabouts of such persons. We had observed that one such way would be by making use of information and technology and as such, had directed the Superintendents of Police of thirteen Districts, within the State of Himachal Pradesh, to create a Web Portal, solely dedicated for implementing the provisions of the Act.

8. In another order, we had directed the respondent-authorities to create a jingle and air it on Radio, highlighting the mechanism provided in the Act and also need for sensitizing the general public with regard thereto.

9. Yet on another date, we had directed that dedicated help line, round the clock be set up, enabling the general public to furnish information with regard to such of those persons, who need immediate care and attention.

10. Directions issued by this Court from time to time stand fully complied with. We are happy to record that now the Director General of Police, Himachal Pradesh, has ensured that in every District of the State, there will be a website (URL), where people can furnish information of any person, suffering from mental illness or requiring mental healthcare. Also, with the help of the Central Government (Department of Telecommunications/BSNL), a dedicated toll-free helpline stands made functional.

11. We may record that steps, for making the stakeholders, including the general public, aware and sensitize them about the provisions of the Act, stand taken. Jingles to this effect are now being aired from All India Radio.

12. The Writ Petitioner further highlights inaction on the part of the State, and more specifically, the police authorities, in implementing the provisions of Sections 10, 14, 55, 100 and 101 of the Act.

13. In October, 2007, the Government of India ratified the United Nations Convention on the Rights of Persons with Disabilities. So, it became necessary to make suitable amendments in the policies and laws of the country so as to align them with the objectives of the Convention.

14. The Mental Health Act, 1987 had its limitations. There was no provision to protect the rights of persons with mental illness