GS 2

Delimitation in Jammu & Kashmir

Syllabus: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Source: IE

In News

A petition contesting the delimitation process for the modification of Lok Sabha and Assembly constituencies in the Union Territory of Jammu and Kashmir has been rejected by the Supreme Court.

Delimitation in J&K

• Delimitation is the process of redrawing the boundaries of a parliamentary or assembly constituency to reflect changes in population over time.
• In Jammu and Kashmir, a commission established by the Central government submitted its final report for delimitation last year.
• The report recommends an increase in the number of seats in the J&K Assembly from 83 to 90.

Arguments of the Petitioner

The petitioner who challenged the delimitation exercise in J&K made the following arguments:

• Following the notification of the Parliamentary and Assembly Constituencies Delimitation Order, 2008, only the Election Commission of India could have undertaken the delimitation exercise.
• The delimitation exercise violates Article 170 of the Constitution, which states that constituencies shall remain frozen until the first census is conducted after the year 2026.
• The increase in seats violates provisions of Articles 81, 82, 170, 330, and 332 of the Constitution, as well as Section 63 of the 2019 Act.

Arguments of the Centre

The Centre, on the other hand, argued that:

• The J&K Reorganisation Act 2019 mandates the setting up of a commission for the delimitation exercise.

Legal and Constitutional Provisions

The following legal and constitutional provisions relating to the delimitation exercise in India:

• Article 82 of the Indian Constitution provides that following each census, the allocation of Lok Sabha seats to the states and the division of each state into territorial constituencies shall be readjusted by an authority that Parliament may determine by law.
• Section 8A of the Representation of the People Act, 1950 allows for the delimitation of parliamentary and assembly constituencies in Arunachal Pradesh, Assam, Manipur, or Nagaland.
• Article 170 of the Indian Constitution states that census figures from 2001 shall be used for the purpose of readjusting constituencies in the state.
• Seats for the SCs/STs will be reserved as per Articles 330 (Lok Sabha) and 332 (State Assemblies) of the Constitution.

Delimitation Commission

The Delimitation Commission is a high-level body responsible for delimitation in India. The following points describe the commission:

• The Delimitation Commission or a Boundary Commission is responsible for delimitation in India, and its orders have the force of law and cannot be challenged in court.
• The establishment of such a commission is provided for by Article 82 of the Indian Constitution through a Parliamentary act.
• The orders issued by the commission will take effect on a date determined by the President of India.

Mental Healthcare Act 2017

Syllabus: Government policies and Interventions

Source: TH

In News

According to a recent report by the National Human Rights Commission (NHRC), all 46 government-run mental healthcare institutions across India, including three central and the remaining state-run institutions, have been flagged for their “inhuman and deplorable” conditions.

What is Mental Health?

Mental health refers to a person’s overall psychological well-being.

• According to the World Health Organization (WHO), mental health is a state of well-being in which an individual can realize their own potential, cope with the normal stresses of life, work productively, and make a positive contribution to their community.
• It encompasses a person’s emotional, psychological, and social well-being and can impact their ability to handle stress, maintain healthy relationships, and make decisions.

About Mental Healthcare Act 2017

The Mental Healthcare Act, 2017 (MHA) has been hailed as a landmark moment for the right-to-health movement in India. It includes the following provisions:

• Discourages long-term institutionalization of patients and reaffirms the rights of people to live independently and within their communities.
  • This right is reinforced by the Rights of Persons with Disabilities Act of 2016, which affirms the same right.
• Promotes community living by creating opportunities for access to less restrictive options, such as halfway homes, sheltered accommodations, rehab homes, and supported accommodations.
• Ensures that people with mental illnesses are not subjected to inhumane treatment, such as physical restraints or unmodified electro-convulsive therapy (ECT).
• Establishes the Central Mental Health Authority and State Mental Health Authority.
• Provides several important rights to people with mental illnesses, including:
  • The right to make an advance directive about how they wish to be treated during a mental health situation.
  • The right to appoint a nominated representative.
  • The right to access mental health care.
  • The right to hygiene, sanitation, food, recreation, privacy, and infrastructure.
  • The right to legal aid.
  • The right to get free medicines.
  • The right to protection from cruel, inhuman, and degrading treatment.

In addition to these provisions, the act ensures that attempting to commit suicide is not considered an offense. A person who attempts to commit suicide will be presumed to be “suffering from severe stress” and shall not be subjected to any investigation or prosecution.

Challenges to the implementation of the Mental Healthcare Act 2017

The implementation of the Mental Healthcare Act, 2017 faces several challenges, as highlighted in a report by the National Human Rights Commission (NHRC):

Violation of Rights:

• Illegal confinement: Many facilities are keeping patients long after their recovery, in violation of Article 21 of the Constitution, which protects personal liberty.
• Infringement of the human rights of mentally ill patients.
• NHRC found that almost 36.25% of residential service users in state psychiatric facilities were living there for one year or more.

Infrastructure Issues:

• Shortage of facilities, including doctors, infrastructure, community homes, assisted living homes, and socio-economic opportunities.

Procedural Issues:

• Non-compliance with MHA regulations by mental health institutions.
• A majority of states have not established the Central Mental Health Authority and State Mental Health Authority.
• Many states have not notified the minimum standards required to ensure the quality of mental health establishments.
• The State Mental Health Authority, which is required to meet at least four times every year, remained inactive until August 2022.

Societal Issues:

• Social stigma towards people with mental illnesses leads to their being seen as “criminals” deserving of incarceration.
• Poor budgetary allocation and utilization of funds resulted in shelter homes remaining underequipped, understaffed, and undertrained.

There have been several initiatives taken at the global and national levels to address mental health issues:

Global Initiatives:

• World Mental Health Day, observed on 10th October every year.
• WHO’s Comprehensive Mental Action Plan 2013-2020.
• The Mental Health Atlas, launched by WHO in 2017.
• Suicide prevention, which is part of Sustainable Development Goal (SDG) 3.4.

India:

• The Ministry of Health and Family Welfare announced a National Suicide Prevention Strategy in November 2022.
• National Mental Health Program, launched in 1982.
• District Mental Health Programme, launched in 1996.
• Kiran Helpline, a 24/7 toll-free helpline launched in 2020.
• Manodarpan Initiative, launched by the Ministry of Education.
• MANAS Mobile App, launched in 2021 to promote mental well-being across age groups.

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