SHC orders allocation of funds for mental health authority

KARACHI: The Sindh High Court (SHC) has directed the provincial chief secretary to look into the matter of allocation of funds for the Sindh Mental Health Authority and ensure that its summary is approved within seven days.

The order came on a petition of Mohammad Jafar Raza, who sought proper implementation of the Sindh Mental Health Act 2013 as well as the Sindh Mental Health Rules 2014 framed in pursuance of the Act.

The petitioner said the Sindh government is not implementing the Act and so far the provincial administration has failed to establish the authority and community-based health services under the law. Senator Karim Khawaja, who is chairman of the Sindh Mental Health Authority, said the provincial government constituted the authority on August 25 last year and the board of visitors were also appointed for a two-year term each to carry out the purpose of the Act.

Senator Khawaja said he had approached the competent authority time and again for the granting of seed money, but the matter remains pending to date.

The SHC’s division bench headed by Justice Mohammad Ali Mazhar said that once the law is formulated, it is the state’s responsibility to implement it in letter and spirit, which is one of the basic elements and components of good governance.

The court said that it appears that some preliminary formalities have been completed, including the constitution of the authority and the advisory board, but due to non-availability of the requisite funds, the authority has not been made functional.

The bench said that under Section 7 of the Sindh Mental Health Act, it is provided that community-based mental health services shall be set up to provide people with mental disorders, their families and others involved in their care with guidance, education, rehabilitation, aftercare, preventive measures and other support services on an informal basis. The SHC said the law appears to be very effective and vibrant, but, unfortunately, its proper implementation is lacking due to non-seriousness and proper attention. The court said that no community-based mental health service can be set up to achieve its aims unless the requisite funds are provided for establishing the authority so it can function in full swing.

The bench said the objective of good governance cannot be achieved by exercising discriminatory powers unreasonably or arbitrarily and without the application of mind, but it can only be achieved by following the rules of justness and fairness in consonance with the command of the Constitution, including its articles 4 and 25. The SHC was informed that the summary for allocation of funds has been moved to the chief minister, but it has not been sanctioned so far. The court directed the chief secretary to immediately look into the matter to ensure that the summary is approved for the allocation of funds within seven days, saying that on the allocation of funds, the authority shall perform its responsibilities and functions in accordance with the law.