The Mental Health Care
Bill, 2013 was introduced in the Rajya Sabha on August 19, 2013. The
Bill repeals the Mental Health Act, 1987.
The Statements of Objects and Reasons to the Bill, state the government
ratified the United Nations Convention on the Rights of Persons with
Disabilities in 2007. The Convention requires the laws of the country
to align with the Convention. The new Bill was introduced as the
existing Act does not adequately protect the rights of persons with
mental illness nor promote their access to mental health care. The key
features of the Bill are:
- Rights of persons with mental illness: Every
person shall have the right to access mental health care and treatment
from services run or funded by the government. The right to access
mental health care includes affordable, good quality of and easy access
to services. Persons with mental illness also have the right to equality
of treatment, protection from inhuman and degrading treatment, free
legal services, access to their medical records, and complain regarding
deficiencies in provision of mental health care.
- Advance Directive: A mentally-ill person shall
have the right to make an advance directive that states how he wants to
be treated for the illness during a mental health situation and who his
nominated representative shall be. The advance directive has to be
certified by a medical practitioner or registered with the Mental Health
Board. If a mental health professional/ relative/care-giver does not
wish to follow the directive while treating the person, he can make an
application to the Mental Health Board to review/alter/cancel the
advance directive.
- Central and State Mental Health Authority: These
are administrative bodies are required to (a) register, supervise and
maintain a register of all mental health establishments,(b) develop
quality and service provision norms for such establishments, (c)
maintain a register of mental health professionals, (d) train law
enforcement officials and mental health professionals on the provisions
of the Act, (e) receive complaints about deficiencies in provision of
services, and (f) advise the government on matters relating to mental
health.
- Mental Health Establishments: Every mental health
establishment has to be registered with the relevant Central or State
Mental Health Authority. In order to be registered, the establishment
has to fulfill various criteria prescribed in the Bill.
- The Bill also specifies the process and procedure to be followed
for admission, treatment and discharge of mentally ill individuals. A
decision to be admitted in a mental health establishment shall, as far
as possible, be made by the person with the mental illness except when
he is unable to make an independent decision or conditions exist to make
a supported admission unavoidable.
- Mental Health Review Commission and Board: The
Mental Health Review Commission will be a quasi-judicial body that will
periodically review the use of and the procedure for making advance
directives and advise the government on protection of the rights of
mentally ill persons. The Commission shall with the concurrence of the
state governments, constitute Mental Health Review Boards in the
districts of a state. The Board will have the power to (a) register,
review/alter/cancel an advance directive, (b) appoint a nominated
representative, (c) adjudicate complaints regarding deficiencies in care
and services, (d) receive and decide application from a person with
mental illness/his nominated representative/any other interested person
against the decision of medical officer or psychiatrists in charge of a
mental health establishment.
- Decriminalising suicide and prohibiting electro-convulsive therapy:
A person who attempts suicide shall be presumed to be suffering from
mental illness at that time and will not be punished under the Indian
Penal Code. Electro-convulsive therapy is allowed only with the use of
muscle relaxants and anaesthesia. The therapy is prohibited for minors.
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