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Himachal HC directed SPs to set up a portal for implementing the provisions under the Mental Health Act

January 02, 2018 06:19 PM

Punjab News Express/Vijyender Sharma
SHIMLA: The High Court of H.P.  directed all the Superintendents of Police, in the Districts to forthwith set up a portal and a dedicated toll free line for the purposes of implementing the provisions under the Mental Health Act,  which can be used by all, for furnishing information with regard to the  whereabouts of any person, who is believed to be suffering from mental illness or is incapable  of taking care of himself.  

The Court also directed all the Superintendents of Police as also the Director General of Police, Government of H.P., to file their affidavits of compliance on or before 05.01.2018.

A Division Bench comprising the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel passed these orders on a petition filed by Shri Anil Kumar Bansal who has alleged that necessary directions be supplied to the concerned authorities to comply the mandatory provisions of the Mental Health Care Act,  so that justice is given to all mentally ill persons in the State who are ill treated and are not taken care of by the guardian/relatives. The petitioner has also alleged that the necessary directions be also issued to submit the details of action taken by the authorities concerned, who are empowered under the Mental Health Care Act.

It was noticed by the Court that in terms of Section 23 of the Mental Health Act,  the  officer Incharge of Police Station is required to take into protection any person wandering at large within the territorial area falling within his jurisdiction and  is also 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.

During the hearing,  the Court observed that due to the geographical conditions of Himachal Pradesh, perhaps  it may not be possible for every police officer within the State of H.P. to search for all such persons, therefore, it is the equal duty and responsibility  of every citizen to inform the police officer about the whereabouts of such persons and one way of providing such information can be with the use of information and technology.

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