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Mental Health Act

Mental Health Act


Mental Health act

  • It is a short title used for all kinds legislation relating to mental health laws.
  • Developed to protect the basic fundamental right of people “Right to live ” that comes under article 21 of constitution. 
  • IPC 309 
  • Recent mental health act in India is designated as The mental health care act.

PRE-INDEPENDENCE

  • 1858: Indian Lunatic asylum act of 1858
  • 1912: Indian Lunacy act of 1912

POST-INDEPENDENCE

  • 1947: Indian Psychiatric association established.
  • 1987: Mental Health act of 1987(Indian psychiatric society)
  • Mental Health Care Bill proposed in 2013
Mental Health Act 1987
  • The Mental Health Act was passed on 22nd May 1987.
  • Came into effect in April 1993
  • 10chapters and 98 Sections
  • Main Aim to establish governing bodies at central and state level for licensing and supervision of psychiatric hospitals and nursing home
  • Protection of human rights of mentally ill. 

Objectives of Mental health Act:

  • To ensure availability and accessibility of minimum mental health care for all in the foreseeable future, particularly to the most vulnerable and underprivileged sections of population
  • To encourage application of mental health knowledge in general health care and in the social development’.
  • To promote community participation in the mental health services development7 
  • Provisions of voluntary admission and admission on the reception orders were retained.
  • Role of Police and Magistrate to deal with cases of wandering mentally ill.
  • Guardianship and Management of properties of mentally ill. 
  • Provisions of penalties in case of breach of provisions of the Act
The Mental Health Care Bill, 2013
  • Comes under Ministry Of Health and Family Welfare.
  • The Mental Health Care Bill, 2013 was introduced in the Rajya Sabha on August 19, 2013.
  • The union cabinet has approved the amendments on Jan 30, 2014
  • 6 Chapters and 137 clauses. 
  • Fix both the issues of taboo and Abuse related to mental illness. 
  •  10th October: Mental Health Day 
  • Definition of Mental Illness
  •  ‘Mental illness’ is “a disorder of mood, thought, perception, orientation and memory which causes significant distress to a person or impairs a person’s behavior, judgment and ability to recognize reality or impairs that person’s ability to meet the demands of daily life and includes mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation”.
Exam Question
 
  • 1987: Mental Health act of 1987(Indian psychiatric society)
  • Mental Health Care Bill proposed in 2013

Objectives of Mental health Act:

  • To ensure availability and accessibility of minimum mental health care for all in the foreseeable future, particularly to the most vulnerable and underprivileged sections of population
  • To encourage application of mental health knowledge in general health care and in the social development’.
  • To promote community participation in the mental health services development7 
  • Provisions of voluntary admission and admission on the reception orders were retained.
  • Role of Police and Magistrate to deal with cases of wandering mentally ill.
  • Guardianship and Management of properties of mentally ill. 
  • Provisions of penalties in case of breach of provisions of the Act
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