Unfortunate That Even After 7 Years, Punjab & Haryana Have Failed To Notify Rules Under Mental Health Act: High Court Gives 60-Day Timeline

The Punjab & Haryana High Court has directed the State Governments of Punjab & Haryana High Court to notify rules under the Mental Health Act, 2017 within 60 days, observing that without it Act "will not be able to achieve its objective for which it has been promulgated."

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "It is unfortunate to note that even after expiry of 7-8 years since promulgating of the Act of 2017, Rules have not yet been notified even by both the States of Punjab and Haryana. Considering the fact that the Act of 2017 is a welfare legislation, both the States are obliged to frame the Rules to give effect to various provisions of the Act."

The Court said that in the absence of framing of the Rules by both the States of Punjab and Haryana, the Mental Health Act, 2017 will not be able to achieve its objective for which it has been promulgated.

Perusing the affidavits, the Court noted that Punjab is in the process of notifying the rules and the Haryana Government has framed the rules and the same has been "put up before the Central Government for approval."

Adding that "much time has elapsed", the Court directed both the States of Punjab and Haryana especially the Departments of Health and Family Welfare, to ensure that Rules be notified within a period of sixty days and to file the compliance report.

The Court also noted that the Petitioner appearing in person has provided certain points to achieve the object of the Act of 2017.

"Since State of Punjab is going to hold a meeting of the Committee chaired by the Director of the Family and Health Welfare Department on 19.05.2025, in which the petitioner has also been invited, the said Committee is directed to take into account all these points which are part of the record...and submit a report on or before the next date of hearing," it added.

The case is now listed for July 24, for further consideration.

Mr. Aditya Rametra-petitioner in person.

Mr. Salil Sabhlok, Sr. Deputy Advocate General, Punjab.

Mr. Deepak Balyan, Addl. Advocate General, Haryana.

Title: Pushpanjali Trust v. State of Punjab and others

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