Mental health act

Mental health act drafted in 1987 and came into india in 1993. It includes need, objectives, act etc. it includes 10 chapters and mental health care act 2017 included.

1. MENTAL HEALTH ACT PRESENTED BY: PREETI SHARMA MSC(N) IST YEAR

2. INTRODUCTION Indian mental health act (MHA) was drafted by the parliament in 1987, but it came into effect in all the states and union territories of India in April 1993. This act replaces the Indian lunacy Act of 1912 . The Indian mental health act is derived from mental health act of England and Wales.

3. NEED To change the attitude of the society towards the mentally ill & considerably realized that no stigma should be attached to such illness . Every mentally ill individual has the right to be treated like others sick people . To modify the act according to the rapid advancement of medical science and the understanding.

4. OBJECTIVES OF THE MENTAL HEALTH ACT To regulate the power of the government for establishing, licensing and controlling psychiatric hospital / nursing homes. To provide legal aid mentally ill persons at state expense in certain cases. To protect citizens from being detained in psychiatric hospital / nursing homes without sufficient cases Central and state authorities for mental health services. To regulate maintenance charges of psychiatric hospitals/nursing homes To protect society from the presence of mentally ill persons .

5. Act The act is divided into 10 chapters consisting of 98 sections .

6. CHAPTER I Preliminary information It contains definition included :- Psychiatric hospital/nursing homes :- A hospital/ nursing home established or maintained by the government or any other person for the case of mentally ill persons. Mentally ill person :- A person who is in need of treatment by reason of any mental disorder other than mental retardation.

7. Contd.. Psychiatrist –a medical practitioner possessing postgraduate degree or diploma in psychiatry recognized by the MCI (medical council of India ) Reception order :- An order made under the provision of this Act for the admission and detention of mentally ill person in a psychiatric hospital / nursing home.

8. Outdated definition are changed based on current knowledge Old term Lunatic asylum Criminal lunatic New term mentally ill person psychiatric hospital mentally ill prisoner

9. Chapter II It deals with establishment of central & state authorities for regulation and co- ordination of mental health services.

10. Chapter III It provides guidelines for establishment and maintenance of psychiatric hospital/nursing home.

11. Chapter IV It deals with the procedure for admission and detention in psychiatric Hospital/nursing homes.

12. Admission on voluntary basis Request by a major/ guardian of the minor for admission to medical officer Medical officer makes enquires within 24 hrs If the medical officer is satisfied for admission Voluntary admission is made

13. Admission under special circumstances (Involuntary) Patient is unwilling or unable to make a request for admission , a relative /friend makes an application to the medical officer on behalf of the patient Medical officer makes enquires within 24hours If the medical officer is satisfied for admission Involuntary admission is made

14. Admission under reception order Only a relative not other than husband, wife, guardian or a friend can make out an application for the admission of a mentally ill patient. Such an application should be made out to the magistrate in writing supported by two medical certificates, one of them issued by a gazette medical officer.

15. Admission in emergencies The medical officer in-charge may order the admission of a mentally ill patient if he thinks he is dangerous to himself or others. - However the patient should be produced before the magistrate within 24hours (maximum time limit is 72hours, which is exclusive of the examination period), or the magistrate himself may visit the psychiatric hospital/ nursing home and pass reception order on examination .  

16. Chapter V Discharge procedure to be followed for a mental hospital under different circumstances Discharge procedure Voluntary discharge under sec 18 Discharge under special admission sec 19 Discharge in respect of admission due to an order of an authority in all five types

17. Discharge of a patient admitted on voluntary basis Medical officer in-charge of psychiatric hospital /nursing home on recommendation from two medical practitioner preferably a psychiatrist, can issue directions for discharge of the patient.

18. Discharge of patient admitted under special circumstances Relative or a friend may be make an application to the medical officer for care and custody of the patient. Relative are required to furnish a bond with or without sureties , along with an undertaking that the mentally ill person shall be prevented from causing injury to self or others

19. Discharge of a patient admitted on reception order Application A certificate from medical officer –in charge of psychiatric hospital /nursing home A magistrate issues an order if patient is fit for discharge

20. Discharge of a patient admitted by police If police detain the mentally ill individual in hospital , he may be discharged after the family members agree in writing to take proper care that he is fit to be discharged .

21. Discharge of a mentally ill Prisoner Hospital authorities have to report every 6 months about the persons state of mind to the authority , which had ordered detention As soon the client is fit to stand in trial , they have to inform about the same to the authority concerned . Person then hand over to the prison officer for further legal action.

22. Chapter VI It deals with judicial enquiry regarding mentally ill persons possessing property, their custody and management of property . A guardian may be appointed by court of law on behalf of an alleged mentally ill person incapable of looking after self and property.  

23. Chapter VII It Deals with ways and means to meet the lost of maintenance of mentally ill persons detained in psychiatric hospital .

24. Chapter VIII It is the latest addition to the Act, which provides for the protection of human rights of mentally ill person. These rights include : No mentally ill person shall be subjected during treatment to any indignity (physical or mental) or cruelty . No letter or communication sent by or to a mentally ill person shall be intercepted, detained or destroyed.

25. Contd.. 3. No mentally ill person under treatment shall be used for purpose of research unless:- Such research is of direct benefit to him A consent has been obtained in writing from the person (in voluntary admission) or from the guardian/ relative (if admission was involuntary)

26. Chapter IX It Deals with procedure to be followed for the establishment and maintenance of psychiatric hospital and penalties which can be relatively severe and explicit for containing them.

27. Chapter X It deals with clarification pertaining to certain procedures to be followed the medical officer –in-charge of the psychiatric hospital / nursing home.

28. MENTAL HEALTH CARE ACT 2017

29. Chapter-I It contains only basic definitions. Special Features: It defines clearly the mental illness. It includes the POST GRADUATE AYUSH doctors as mental health professional.

30. CHAPTER-II Mental illness and capacity to make mental healthcare and treatment decisions without any discrimination.

31. CHAPTER-III It deals with the Advance directives. Features:  It empowers the patient to choose his/her treatment and appoint a representative to take decision on behalf of patient.  If patient is minor, his/ her parent or care giver will act as representative. It will not be applicable At the time of emergency.

32. CHAPTER-IV Guidelines of choosing Nominated Representative. CHAPTER-V It consists of Various Rights of mentally ill person. CHAPTER- VI It gives direction to the government to implement the programme .

33. CHAPTER-VII Gives provisions of forming Central Mental health authority. CHAPTER-VIII Gives provisions of forming State Mental health authority. CHAPTER IX Finance, accounts and audit.

34. CHAPTER X Mental health establishments  Every mental healthcare institution should be registered .  Establishment of new improvised institutions.

35. CHAPTER-XI Constitution of Mental Health Review Boards. Every state has to form a review board which is consist of:  A district judge as chair person of board.  two members of whom one shall be a psychiatrist and the other shall be a medical practitioner.  two members who shall be persons with mental illness or caregivers or persons representing organizations of persons with mental illness

36. CHAPTER-XII Admission, treatment and discharge CHAPTER-XIII Duties of police officers in respect to mentally ill person.  It is the duty of police to give protection to any mentally ill person wandering outside in the area of police station.  Arrangement of need of person.

37. CHAPTER-XIV It restricts unauthorized duty and medication. CHAPTER-XV It deals with penalty and punishment.  Unauthorized institutions will be punished 5000-50000for 1st time, upto 2 lakhs for 2nd time.  Any person who do the work against the Act, are liable to give upto ten thousand rupees or six months of jail or both.

38. CHAPTER-XVI MISCELLANEOUS o Power of Central Government to issue directions. o Special provisions for States in north-east and hill States

39. Conclusion The Indian mental health Act (MHA) was drafted by the parliament to change the attitude of the society towards the mentally ill. In the advancement of medical science it has become necessary to make fresh legislation in accordance with the new approach.