The mental health care act 2017: A critical review (original) (raw)
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Mental health legislation in contemporary India: a critical review
International Psychiatry, 2007
After 20 years of experience with the legislation, it is now a good time to assess the Mental Health Act 1987 of India. How useful has it been to consumers, carers and the mental health profession? It has been perceived as isolationist because it deals only with psychiatric hospitals and excludes a large number of general hospital psychiatric units from its purview. It is also un-implementable in some parts of the country because of the shortage of resources. From a human rights perspective, it is deficient in two important ways: it failed to establish independent review bodies for involuntary admissions; and it lacks provision for research with people who have a mental illness.
Mental health care bill – 2013: a clinician’s perspective
Innovative Publication, 2016
Mental health care bill 2013(1) is being looked at with suspicion by majority of psychiatrists and has given rise to several debates on how it would impact our clinical practice in a negative way. Compared to earlier legislations, MHCB 2013 is rights based and follows the principles of the United Nations Convention on Rights of Persons with Disabilities which the Government of India ratified in 2007.The opinion has been divided among the psychiatrists across the country and majority are unhappy about it being legislated in the current form.” The present bill would make every psychiatrist in this country quite uncomfortable, seeing the kind of measures it is bringing in, to control this group of medical professionals(2) ”. However very little can be done now as the bill is in parliament waiting to be passed. Among the statement of Objects and Reasons are two important ones concerning the mental health professionals and their clinical practice. They are 1. Regulate the public and Private mental health sectors within the rights frame work to achieve the greatest public health good (2(a) v). 2. Promote the principles of equality, efficiency a
Mental Health Care Services in India: An Analysis of the Mental Health Care Bill 2013
International Journal of Health Sciences and Research, 2015
Health encompasses physical, mental, social and spiritual domains of an individual’s life. Much of the emphasis is given on the physical domain of health neglecting the other three. Mental health though, has gained some prominence in the health care system, it is still inadequate to address issues like quality of services delivered availability of trained professionals, and infrastructure and the legal aspects are concerned. Mental Health Care Bill (MHCB), 2013 is an attempt to address some of the issues. However, the implementation of the guidelines is a major challenge in this regard. An effective management system to implement the provisions stated in the bill is the need of the hour. This article critically analyses the strengths and weaknesses of the proposed bill and also discusses possible changes if made in the bill before it is made an Act, can achieve its objective.
BMJ, 1985
This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
2018
The Mental Healthcare Act, 2017 aims to provide for mental health care and services for persons with mental illness in India and to protect, promote and fulfill the rights of such persons during delivery of mental health care and services. Chapter V of the Act enumerates the rights of persons with mental illness, including the right to equality, right to confidentiality, the right to protection from cruel, inhuman and degrading treatment in any mental health establishment (which includes the right to proper clothing so as to protect such person from exposure of his/her body to maintain his/her dignity, and the right to be protected from all forms of physical, verbal, emotional and sexual abuse), right to community living, etc. This paper analyses the provisions of the Act from the perspective of rights of women with mental illness in need of mental health care, and draws a comparison with the relevant provisions of the United Nation Convention of Rights of Persons with Disabilities....