Cabinet to take up Mental Health Bill

Bill defines mental illness in accordance with international laws for the first time

The Cabinet on Thursday will take up the Mental Health Bill that for the first time defines mental illness in accordance with international norms and lay down protocol for its treatment.

The draft Bill also lays down that any person who attempts suicide would be presumed to be mentally unwell unless proved otherwise. The provision comes with a non-obstante clause which implies that it will prevail even if there is anything to the contrary in the IPC or the CrPC.

The Bill also describes the rights of a mentally-ill person for protection from cruelty,confidentiality,information,legal aid,mental healthcare and right to equality and non-discrimination. It also makes the Centre and states responsible for planning and execution of a mental health programme. This is a change of focus from the existing Mental Health Act,1987,and in tune with the UN Convention on the Rights of Persons with Disabilities that India has since ratified.

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The Bill says that all mental health establishments,personnel and those treating patients with traditional methods of medicine have to be registered with the Central Mental Health Authority or in states with state authority. It is for the first time that an attempt is being made to bring a legal framework to deal with mentally-ill patients.

The Bill lays down that any treatment or rehabilitation of a mental health patients needs consent of that person,taken after full information has been given on his/her condition,the options available and prognosis. In cases where the person is unable to do so,the onus of according consent will be with the state authority.

As per the Bill,a person can issue advance directive on how he/she should be treated in the event of a mental health situation and also procedure for revocation of these directives or their registration. It also says that long-term care in a mental health institute is to be used only in exceptional cases.