Indian Mental Health Act 1987
Indian Mental Health Act 1987
History
- Drafted
in 1987
- Came
in to action on April 1993
Reason for enactment
- Change
in attitude of the society
- Rapid
advance in technology outdated Indian Lunacy Act 1912
Objectives
- To
regulate admissions
- To
protect society
- To
protect citizens from detained in psychiatric hospitals without cause
- To
regulate maintenance charges
- Guardianship
- Establish
central and state authorities
- Regulate
the powers of Government
- To
provide legal aid to mentally ill
Salient features
- 10
chapters
- 98
sections
Chapter I
- Included
definition of
- Psychiatric
hospital- a nursing home established or maintained by the Government or
any other person for the treatment and care of mentally ill persons and
includes a convalescent home established or maintained by the Government
or any other person for such mentally ill persons; but does not include
any general hospital or general nursing home established or maintained by
the Government and which provides also for psychiatric services
- Mentally
ill person- a person who is in need of treatment by person of any mental
disorder other than mental retardation
- Psychiatrist-
a medical practitioner possessing a post-graduate degree or diploma in
psychiatry, recognised by the Medical Council of India, constituted under
Indian Medical Council Act, 1856 (102 of 1956), and includes, in relation
to any State, any medical officer who, having regard to his knowledge and
experience in psychiatry.
- Reception
order- an order made under the provision of this Act for the admission
and detention of a mentally ill person in a psychiatric Hospital or
psychiatric nursing home
Chapter II It
deals with establishment of central and state authorities for regulation and
coordination of mental health services.
Chapter III
- Guidelines
for establishment and maintenance of psychiatric hospitals/ nursing homes
Chapter IV
It deals with procedure for admission and detention in psychiatric
hospitals.
Admission on-
- Voluntary
basis - Any persons (not being a minor), who considers himself to be a
mentally ill person and desires to be admitted to any psychiatric nursing
home for treatment, may request the medical officer in charge for being
admitted as a voluntary patient.
- Special
Circumstances: Any mentally ill persons who does not, or is unable to,
express his willingness for admission as a voluntary patient, may be
admitted and kept as an in-patient in a psychiatric nursing hospital or
psychiatric nursing home on an application made in that behalf by a
relative or a friend of the mentally ill persons if the medical
officers-in-charge is satisfied that mentally ill person need admission.
- Reception
order-
- On
application- Only a relative not other than husband, wife, guardian
or a friend can make out an application for admission. Such application
should be made out to magistrate with two medical certificates among them
one should be a Gazetted medical officer. Patient can be admitted only
after getting consent from medical officer.
- On
production before magistrate- Mentally ill person exhibiting violence
can be brought by police, produce before magistrate within 24 hours and
admission can be issued by the Magistrate, when it is supported by two
medical certificates.
- Emergencies-Medical
officer in- charge can issue admission of a mentally ill patient, if he
thinks that patient can be dangerous to society or him. However within 24
hours Magistrate should visit patient in hospital or patient should be
taken to Magistrate to issue admission.
- Temporary
treatment order- When a risk is perceived by the medical officer he
can apply to the magistrate with a single medical certificate.
- Mentally
ill Prisoners- A prisoner can be admitted to hospital on the
order of court.
- Miscellaneous:
Those who are wandering on road can be admitted to hospital by a social
worker by getting order from magistrate and medical officer.
Chapter V
- Deals
with discharge
- Discharge
who was on voluntary admission-Medical officer in charge with
recommendation from two medical practioners preferably psychiatrist can
discharge the patient
- Discharge
of patient admitted under special circumstances-A relative or a friend
may make an application to the medical officer for care and custody of
the patient. Relatives are required to furnish a bond with or without
sureties.
- Discharge
of a patient admitted on reception order- A person who feels that patient
is fit to recover can apply for discharge. A certificate from medical
officer should accompany the application and if magistrate approves fit
person can be discharged.
- Discharge
of a patient admitted by police-If police had admitted the patient,
relatives can apply for discharge by assuring that they will take care of
the patient by written agreement. Medical officer should approve it.
- Discharge
of mentally ill prisoner- every 6 months a report has to be sent to prison
authority. When the person is fit for trail it needs to be informed to
the authority. After discharge person should be handed over to prison
officer.
- Leave
of absence- On application by a relative or others can apply for a leave
of absence for maximum 60 days. It should accompany a written agreement
stating the responsibility to take care of the patient and will prevent
any harm to society also.
Chapter VI
- Judicial
enquiry on mentally ill persons property and its guardianship
- Legal
practitioner in Government expense
Chapter VII
- Ways
and means to meet the cost of maintenance of mentally ill persons
- Section
78
Chapter VIII
- Section
81
- Protect
the human rights
- No
indignity or cruelty
- Use
for research- It should be allowed when the person gets the direct
benefit from it and a consent from patient or guardian is taken.
- No
letter or communication sent by or to the person shall be intercepted
Chapter IX
- Establishing
and licensing of psychiatric hospitals
- Penalties
if it is violated
Chapter X
- Procedures
to be followed by the medical officer in charge of the psychiatric
hospitals
Advantages
- Incorporates
scientific knowledge and social concepts
- An
attempt is made to make mental illness look on par with physical illness
to reduce stigma
- Definitions
are in a progressive way
- Treatability
is an essential criterion
- Formation
of mental health authorities provide opportunities for better monitoring
- Outpatient
services are mandatory
- Admission
and discharge procedures made simple
- Separate
hospitals for children and addicts
- Protected
human rights
Disadvantages
- Not
applicable to mental retardation and dementia
- Patients
admitted in general hospitals and nursing homes are spared
References
- R.A
guide to mental health and psychiatric nursing.2nd ed.New delhi:
Jaypee publishers; 2006.
- Ahuja
.N.A short text book of psychiatry.5th New delhi: Jaypee
publishers;2006.
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