JUDGMENT

1. The present Public Interest Litigation has been filed by one Ms. Devina Singh, a minor, through her father, resident of New Delhi, praying for directions to the Respondent authorities herein, for implementation of provisions of the Mental Healthcare Act, 2017 and its accompanying rules in educational institutions, specifically at the school and collegiate level. The Petitioner has sought for the following directions:-

“A. Direct the Respondents to implement the Mental Healthcare Act 2017 at schools and colleges for the benefit of the students.

B. Direct the Respondents to constitute the mental health establishment (including clinic/centre) as per the Chapter X (Sections 65 - 72) read with Section 2(p) of the Act in each district, schools, and colleges of the district.

C. Direct the Respondents to mandate the presence of clinical psychiatrists, counsellors, social workers and mental health professionals in each school and college of the district.

D. Direct the Respondents to make diagnosis and assessment of mental health mandatory in each school and college.

E. Direct the Respondents to implement the National Mental Health programme as formulated along with awareness and promotion of mental health of students in each school and college.

F. Direct the Respondents to conduct mental health survey for data collection at schools and colleges for the mental health assessment of students on regular basis/periodic intervals.

G. Issue such other writ, direction, or order, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case”

2. Respondent No. 1 is the GNCTD and Respondent No. 2 is the Institute of Human Behaviour & Allied Sciences (IHBAS), an autonomous body tasked with looking after mental health issues in Delhi.

3. Being concerned with rise of mental health issues in school and college going students, the Petitioner has filed the instant petition. It is submitted by the Petitioner that due to growing incidents of mental illness amongst school and college going students, the Government of India introduced Mental Healthcare Bill, 2013 in order to curb the number of rising cases of mental illnesses such as stress, anxiety, fear, panic, depression, insomnia, isolation, disconnectedness, loneliness, trauma, lack of self-confidence, positivity and resilience etc. It is submitted that to ensure healthcare, treatment and rehabilitation of persons with mental illness as well as to protect and promote the rights of persons with mental illness during the delivery of healthcare, the Mental Healthcare Act, 2017 was enacted to protect and promote the rights of persons with mental illness and to ensure that healthcare, treatment and rehabilitation services be provided to persons with mental illness at mental health institutions.

4. The Petitioner states that the information relied upon by them in the instant petition are directly derived from publicly available documents, government surveys and from correspondences with public authorities under the RTI Act. Some of these documents include National Mental Health Survey of India 2015-16, the Mental Healthcare Bill 2013, government surveys and reports by international organizations including the likes of WHO, to highlight the increasing number of adverse cases of mental health diseases amongst the younger populations. The Petitioner, placing reliance on various documents and survey reports (Mental Healthcare Survey), has highlighted the myriad of issues pertaining to mental health and the lack of requisite institutional infrastructure to tackle with rising instances of mental health related cases prevalent in students of the school and college going demographic in the NCT of Delhi. The Petitioner, therefore, prays for effective implementation of provisions of the Mental Healthcare Act, 2017 that are purposed to provide adequate mental healthcare infrastructure and services for persons with mental illness and for matters connected with or incidental thereto.

5.