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MENTAL HEALTHCARE ACT

Updated: Nov 10, 2020

By

Sandeep Harish B, III year of B.A.,LL.B.


Introduction

The Mental Healthcare Act was introduced on April 7, 201, and the act came into the enforcement on July 7, 2018. In this act, we provide services for the mentally affected person. The act provides services and health care for the mental illness person and promotes, protects and fulfills the rights of these persons during the delivery of services and mental healthcare and the matter connect incidentally thereto or therewith. Previously, the Mental Health Act was in 1987.

Simplify this definition

1. Provide the services and mental healthcare to the mental illness suffering person

2. Promote, fulfil and protect the rights of such a person.

Definition of mental illness

A mental illness is a means a substantial disorder of mood, thinking, memory or orientation that grossly impairs judgment, perception, behaviour, ability to meet ordinary demands of life or capacity to recognize reality, mental conditions associated with the abuse of drugs and alcohol, but it does not include mental retardation which is a condition of incomplete or arrested developed a mind of a person, special character by subnormality of intelligence.

Mental healthcare include

1. Care as well as treatment for mental illness for a person

2. Diagnosis and analysis of such a person’s mental conditions

3. Rehabilitation of the person for mental illness.

Decriminalization of attempt to commit suicide

1. Section 115(1) of the Mental Healthcare Act, 2017 deals with Section 309 of the Indian Penal Code deals with any person has to attempt to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be punished and tried under the said code


2. An appropriate government must provide treatment, care and rehabilitation of the person, having to serve stress and person attempt to commit suicide, to reduce the risk of recurrence of an attempt to commit suicide.


For example, the girl named ‘A’ got raped by the person ‘B’. A is extremely frightened and in pain. ‘A’ is in agony i.e she is facing extreme physical and mental suffering. ‘A’ finally land to the stress and committed suicide, but the suicide has been failing in her attempt. So the ‘A’ was not punishable for attempt under these section 309 IPC because ‘A’ was raped she suffering mentally and physically, so she had to commit suicide in this case ‘A’ has a valid reason to commit suicide. So the act has been providing the proper health care and services for ‘A’.


World health organization report that above 8,00,000 people die by suicide each year. One person dies by suicide more than 20 people attempt to commit suicide. Every 40 seconds one person was dead. Suicide death is mostly 15 to 19-years-old men and women.


All most the person was punishable under section 309 of IPC to commit suicide. But section 115(1) of the mental healthcare act shows that a person has suffered from mental illness to such a person has expected this section.

Procedures for prohibited

Some procedures which seem clearly and barbarian against the rights of humans are prohibited exclusively. In this procedure makes mental health care seems to be an entirely gruesome experience. But these patients need not be panic that this procedure because these procedures were forbidden and they need not be scared and come forth with the treatment in a positive attitude.

1. Electro-convulsive therapy without the use of anaesthesia and muscle relaxants

2. Sterilization for both men and women when sterilization is intended as a treatment for mental illness

3. Electro-conclusive therapy for minor persons

4. Chain in any manner or form whatsoever.


The chapter XVII of section 96 states that: No psychosurgery shall be performed until:

1. Only the consent of the patient with whom the surgery is being performed

2. Approval from a concerned board to perform the surgery.

Central Mental Health Authority

It will register and enlist all the mental healthcare institutions which come under the control of the central government and will direct quality services and funds that need to be maintained for different types of mental institutions and the list of all the medical professionals who have to be contacted in case of emergency.

Conclusion

At present, the healthcare system is inefficient and suffers from a lack of professionals in fields and infrastructure, the result of these causes degrades healthcare and the quality of living of mentally ill. The main important high light of this act is decriminalization of attempt to commit suicide and the treatment procedures for a mentally ill person was clearly explained in this act. This act provides the services and mental healthcare for the mental illness person and also protects, promotes and fulfils the rights of such a person.