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 
  • PRE-INDEPENDENCEPOST-INDEPENDENCE
    • 1858: Indian Lunatic asylum act of 1858
    • 1912: Indian Lunacy act of 1912
  • The mental health care act.
    • 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:

  • 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”.
Mental Health Act 2017
  • In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29th May, 2018
  • Changes from 1987 act:
    • Aims at decriminalising the Attempt to Commit Suicide by seeking to ensure that the individuals who have attempted suicide are offered opportunities for rehabilitation from the government.
    • Fulfill India’s international obligation pursuant to the Convention on Rights of Persons with Disabilities and its Optional Protocol.
    • Recognises the agency of people with mental illness, allowing them to make decisions regarding their health, given that they have the appropriate knowledge to do so.
    • Safeguard the rights of the people with mental illness, along with access to healthcare and treatment without discrimination from the government. 
    • Provisions for the registration of mental health related institutions and for the regulation of the sector. These measures include the necessity of setting up mental health establishments across the country to ensure that no person with mental illness will have to travel far for treatment, as well as the creation of a mental health review board which will act as a regulatory body.
    • The Act has restricted the usage of Electroconvulsive therapy (ECT)
    • The responsibilities of other agencies such as the police with respect to people with mental illness has been outlined in the 2017 Act.
    • The Mental Health Care Act 2017 has additionally vouched to tackle stigma of mental illness, and has outlined some measures on how to achieve the same.

Exam Important

  • Recent mental health act in India is designated as The mental health care act
  • Mental Health Act was passed in 1987
  • Promote community participation, Application of mental health knowledge in general health care & Minimal mental health care for all arefew objectives of of Mental Health Act
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