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Lok Sabha passes Mental Health Bill, decriminalises suicide attempt

The Mental Health Bill, which passed in the Lok Sabha yesterday, also holds out better mental healthcare facilities and human rights for patients. In addition, it also seeks to protect and restore the property rights of mentally ill persons.

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In a landmark piece of legislation, Parliament on Monday decriminalised attempt to suicide by making it non-punishable under the Indian Penal Code. 

The Mental Health Bill, which passed in the Lok Sabha yesterday, also holds out better mental healthcare facilities and human rights for patients. In addition, it also seeks to protect and restore the property rights of mentally ill persons. 

Describing it as patient-centric, Union Health Minister J P Nadda said the Bill provides for the right to better healthcare for people suffering from mental illnesses. It also focuses on community-based treatment and provides for special treatment for women.

“The Bill seeks to ensure health-care, treatment and rehabilitation of persons with mental illness “in a manner that does not intrude on their rights and dignity,” Nadda said in the Lok Sabha, just before it was passed by the House by a voice vote.  

Stating that the 1987 Mental Act was institutionalised, Nadda saidthe focus was on the community instead of the institution. “It is a ‘historic’ and a progressive legislation,” he said.

The minister said that as per the Bill, the rights of a child with his/her mother will also be maintained. Also, sterlisation would not be conducted on a person who is mentally ill as it is an inhuman act, he said. 

According to the Bill, electro-convulsive therapy — commonly known as electric shock therapy — will only be allowed with the use of muscle relaxants and anaesthesia. Also, the procedure therapy will now be prohibited for minors. As there have been cases of harassment and mistreatment of patients by the hospitals, mental hospitals will now be regulated to ensure patients’ rights. The Bill states that 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 fulfil various criteria prescribed in the Bill. 

“The bill is patient friendly and it will stimulate the development of mental healthcare services in India. Because it makes mental health care treatment a legal right it is certainly going to benefit the patients in the long run,”said, Dr Nimesh Desai.  Director, Institute of Human Behaviour and Allied Science (IHBAS).

As per a NIMHANS study, around 13.7 per cent of Indians suffer from mental illness and around 10 per cent of them need immediate medical intervention. The study also showed that there are less than 4,000 doctors in the country to treat the large number of mental patients. 

“The legislation has been brought after wider consultations with the stakeholders.  There were consultations at the regional level, as well at the Centre,” said Nadda.  

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. 
  • A mentally ill person shall have the right to make an advance directive that states how he wants to be treated.
  • Every mental health establishment has to be registered with the relevant Central or State Mental Health Authority.

Decriminalising suicide and prohibiting electro-convulsive 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.

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