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Activists, doctors slam Mental Health Care Bill 2013, say it contradicts itself

One move that has been hailed is the decriminalisation of suicide. The Bill says that the person attempting suicide will now be considered as suffering from a mental illness and will no longer be liable to punishment under section 309 of Indian Penal Code (IPC).

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On Monday, Rajya Sabha unanimously passed the Mental Health Care Bill 2013 after 134 official amendments with a voice vote. While Union health minister JP Nadda termed the bill as "humane and progressive", activists and health care providers are sceptical about the implementation of the bill.

One move that has been hailed is the decriminalisation of suicide. The Bill says that the person attempting suicide will now be considered as suffering from a mental illness and will no longer be liable to punishment under section 309 of Indian Penal Code (IPC).

"This should have been done long ago and is a welcome step," said Dr Thara Srinivasan, director, Scarf (Schizophrenia Research Foundation). The Bill allows the patient to select a representative who will design the mode of treatment, according to which the person will be treated if s/he gets diagnosed with a mental illness. "This is important in terms of human rights but how it is enforced will be something than remains to be seen," Dr Srinivasan added.

The government claimed that the bill would provide better healthcare to people with mental illness and safeguard their rights but not everyone is convinced. Reshma Valliappan, a mental health care activist and person living with schizophrenia explained, "Using the term mental illness itself is against the Convention on the Rights of Persons with Disabilities (CRPD); psycho-social disabilities is the right term. Advanced directives gives care givers the right to challenge my decision as a patient."

According to psychiatrist Dr Harish Shetty, various stakeholders including doctors and experts were consulted before the Bill was formulated but their inputs have been kept to a minimum. "There are too many directives which will create bureaucratic hurdles in the treatment," he said.

Around 6-7 per cent of the country's population is believed to be suffering from some kind of mental illnesses, while another 1-2 per cent suffer from acute mental disease.

While the bill provides for establishment of Central and state mental health authority and committees at the state level, doctors wonder where the infrastructure will come from. "District judges and collectors will have to be involved in several committees which will delay treatment," said Dr G Prasad Rao, president, Indian Psychiatry Society.

Highlights of the Bill

* Mental Health Review Boards will be formed under the state governments, overseen by the Centre
* Suicide has been decriminalised and will be treated as a mental illness
* Patient with mental illness will not be subject to seclusion and solitary confinement
* Every prison will have a mental health facility
* Bill bans use of electric shock therapy for treating children with mental illness
* Bill permits use of electric shock therapy on adults after they are been given anaesthesia & muscle relaxants
 

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