The Lok Sabha passed the new Mental Healthcare Bill on Monday which decriminalises suicide attempts by those suffering mental illnesses by making it non-punishable under the Indian Penal Code. The bill also provides for their right to better healthcare.
Focusing on community-based treatment, the bill provides for special treatment for women and seeks to ensure healthcare, treatment and rehabilitation of persons with mental illness “in a manner that does not intrude on their rights and dignity.”
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The bill was passed in the lower house with the participation of around 29 members in the discussion and almost all of them extended support to the bill.
Before the bill was passed in the Lok Sabha, Health Minister J P Nadda said that the ‘The Mental Healthcare Bill’ also has a provision to protect and restore the property right of the mentally ill people.
While replying to a debate on the bill, Nadda described it as a “patient-centric” measure and said there was a need to empower the patients so that they could secure proper treatment.
All the amendments moved by the opposition members were defeated. The Rajya Sabha had passed it in August last year with 134 official amendments.
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 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.
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Here are the key features of the bill:
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.
Decriminalising suicide and prohibiting electroconvulsive 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. Electroconvulsive therapy is allowed only with the use of muscle relaxants and anaesthesia. The therapy is prohibited for minors.
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.
(With agency inputs)
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