SC directs NHRC to monitor mental health authorities across the country

The Supreme Court on Tuesday (October 28, 2025) transferred a petition to the National Human Rights Commission (NHRC) seeking proper functioning and monitoring of central and state mental health authorities across the country.

The order issued by a bench headed by Justice PS Narasimha stemmed from a petition filed by advocate Gaurav Kumar Bansal in 2018, which highlighted the plight of mentally ill prisoners found chained in a ‘faith-based’ shelter in Badayun in Uttar Pradesh.

Mr. Bansal had then separately requested the establishment of central and state mental health authorities to protect the rights of persons with mental illness, in accordance with the provisions of the Mental Healthcare Act, 2017.

The petitioner had sought separate funding for these authorities and for the establishment of mental health assessment boards.

The Ministry of Health subsequently filed an affidavit with the court stating that authorities had been informed.

“Considering that both the Central Mental Health Authority and the authorities constituted by the States and Union Territories are functioning, we are of the view that the interest of justice will be served if the NHRC keeps a vigil on the writ petition and issues directions after hearing these authorities,” the top court said.

The court ordered that the petition be renumbered by the NHRC as a “complaint” for monitoring and disposal under law.

The NHRC was asked to issue necessary orders to ensure robust functioning of the authorities.