Highlights Of The Brand New Mental Healthcare Act, 2017

Author:Ms Sonal Joshi
Profession:H K Acharya & Co
 
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INTRODUCTION

On April 7 2017, the President gave his vote to the Mental Healthcare Bill and with that the MENTAL HEALTH CARE ACT 2017 came to existence. This act provides for the persons who are suffering with mental illness with healthcare and services to protect their rights. This act came to existence in order to harmonize and put into alignment the local Mental Healthcare Act 1987 with the Convention on Rights of Persons with Disabilities and its Protocol which was adopted by the UN on December 13th, 2006 and came into force on May 3rd, 2008.

The definition of mental illness has been clearly defined in the act as "a substantial disorder of thinking, mood and perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs. But it doesn't regard mental retardation, a condition of arrested or incomplete development of mind of a person, specially characterized by sub normality of intelligence, as mental illness"

PROHIBITED PROCEDURES

'Few procedures which seems barbarian and clearly against human rights are prohibited exclusively. These procedures make mental healthcare seem to be an entirely gruesome experience but these patients need to be aware that these procedures are forbidden and that they need not be scared and come forth with the treatment in a positive attitude.

Few procedures which seems barbarian and clearly against human rights are prohibited exclusively. These procedures make mental healthcare seem to be an entirely gruesome experience but these patients need to be aware that these procedures are forbidden and that they need not be scared and come forth with the treatment in a positive attitude.

Electro-convulsive therapy without the use of muscle relaxants and anesthesia, Electro-convulsive therapy for minors, Sterilization of men or women, when such sterilization is intended as a treatment for mental illness, Chained in any manner or form whatsoever. Section 96 of the Chapter XIIV states: No psychosurgery shall be performed until:

The informed consent of the patient on whom surgery is being performed. Approval from the concerned board to perform the surgery. ROLE OF CENTRAL MENTAL HEALTH AUTHORITY

It will enlist and register all the mental healthcare institutions under the control...

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