D. PRISCILLA JAYAM
“The mind and body are not separate, what affects one, affects the other”, goes the famous saying. Realising the equal importance of mental health as with that of physical health, the Government of India has enacted the Mental Healthcare Act, 2017, replacing the Mental Health Act, 1987.
Many noteworthy changes have been implemented through the Mental Healthcare Act, 2017 It is essential to keep in mind the Preamble of the act which lays down the objective “to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services ”.
Mental illness is defined as “a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation” as per the Act [S.2(s)].
According to the Act, mental illness is to be determined in accordance with such nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government [S.3].
The salient features of the 2017 Act are as follows :-
1. The Act provides a person with mental illness the right of giving an ‘advance directive’ as to
the way in which the person wishes to be cared for or treated for the mental illness.
the way in which the person does not wish to be cared for or treated for the mental illness.
the individual he wishes to appoint as his nominated representative.
2. Rights of persons with mental illness :
Every person has a right to access mental health care and treatment from mental health services run or funded by the appropriate Government, which is of affordable cost, good quality etc.without discrimination on the basis of gender, caste, religion etc.
Every person with mental illness has the right to live with dignity.
Right to information about the provisions of the Act or any other law under which he had been admitted, his right to make an application to the concerned Board for review and to know about the nature of the mental illness, the treatment plan proposed and the side effects of such treatment.
Right to free legal aid.
Right to complain about any deficiencies in care.
3. The Act also places upon the Government the duty to promote mental health and prevent mental illnesses by way of programmes for the same.
4. The Act provides for the establishment of Central Mental Health Authority and State Mental Health Authority. It also provides for the establishment of a Mental Health Establishment only upon registration.
5. The Act provides for the constitution of Mental Health Review Boards.
6. The Act prohibits certain treatments such as electro-convulsive therapy without the use of muscle relaxants and anaesthesia, electro-convulsive therapy for minors, sterilisation of men or women (when such sterilisation is for treating the mental illness), chaining in any manner or form.
7. The Act enlists Duties of police officers towards mentally ill persons, found wandering within the limits of the police station.
8. Heavy penalties are imposed if anyone contravenes the Act or runs unregistered mental health establishments.
9. Decriminalization of attempt to commit suicide, as he/she has been presumed to be under severe stress.
Comments