INDIAN MENTAL HEALTH ACT

MENTAL HEALTH ACT-1987

The mental health bill became the act 14 of 2nd may 1987

CHAPTER-1PRELIMINARY INFORMATION

&DEFINITIONS

• MENTALLY ILL PERSON• MENTALLY ILL PRISONER• COST OF MAINTENANCE• DISTRICT COURT • INSPECTING OFFICER• LICENSE• LICENSEE• LICENSED PSY.HOSPITAL/NURSING HOME

CONTI….

• LICENCING AUTHORITY• MEDICAL OFFICER • MEDICAL OFFICER INCHARGE• MEDICAL PRACTITIONER• MINOR • PSY.HOSPITAL/PSY.NURSING HOME• PSYCHIATRIST • RECEPTION ORDER• TEMPORARY TREATMENT ORDER

CHAPTER-II

MENTAL HEALTH AUTHORITY

• Establishment of central and state authority for regulation and co-ordination of mental health services

CHAPTER-IIIPSY.HOSPITALS/NSG HOME

ADMISSION,TREATMENT AND CARE OF MENTALLY PERSONS

Separate hospital facilities for those who

-Under the age of 18 yrs-Addicted to alcohol or drugs-have been convicted for any offence

ADMISSION,TREATMENT AND CARE OF MENTALLY PERSONS

Separate hospital facilities for those who

-Under the age of 18 yrs-Addicted to alcohol or drugs-have been convicted for any offence

A: ADMISSION ON VOLUNTARY BASE

• By the patient’s request, if he is a major

• By the guardian, if a minor

B: UNDER SPECIAL CIRCUMSTANCES

• This is an involuntary hospitalization when the mentally ill person does not or can not express his willingness for admission.

C: UNDER RECEPTION ORDER

• ON APPLICATION:

Only a relative (husband, wife, close guardian, or a friend) can make out an application for the admission.

Cont…..

ON PRODUCTION BEFORE THE MAGISTRATE:

patients exhibiting violent behavior, creating obscene scenes & dangerous to the society can be detained by the police officer & produced in court within 24 hours of such detention, supported by two medical certificates.

D: Admission in emergencies

• The medical officer in-charge may order the admission of a mentally ill patient if he thinks he is dangerous to himself or others.

E: Temporary treatment order

• It is an order issued by the magistrate in cases where the risk is perceived to the patient’s life or that of others.

F: Admission of mentally ill prisoners

• mentally ill prisoner may be admitted in to a mental hospital on the order of the presiding officer or a court.

G: Miscellaneous admission

• Humanitarian base (wanders)

• For observation purpose

social worker can obtain an order from the magistrate.

CHAPTER V: DISCHARGE

ADMITTED ON:

1. VOLUNTARY BASIS

psychiatrist can take decision

about discharge.

Cont…..

2. SPCIAL CIRCUMSTANCES

Relative or friend make an application to the medical officer for care & custody of the patient .

Cont…..

3. RECEPTION ORDER • an applicant make an application for discharge to the magistrate. • If the magistrate deems fit he may issue an order for discharge.

Cont……

4. BY POLICE

• Family members agree in writing to take proper care

• Medical officer in-charge opines that he is fit to be discharged.

Cont…..

5. MENTALLY ILL PRISONER

• Hospital authority to report every 6 months

• If the person is fit for discharge, handed over to the prison officer for further legal action.

CHAPTER VI JUDICIAL INQUISION

• A guardian may be appointed by the court of law on behalf of mentally ill person incapable of looking after self and property

• Every 6months the manager gives an inventory of the immovable property of the mentally ill person

CHAPTER VII:

COST OF MAINTENANCE OF MENTALLY ILL PERSONS DETAINED IN

PSYCHIATRIC HOSPITAL

CHAPTER VIII:PROTECTION OF HUMAN RIGHTS

OF MENTALLY ILL PERSON

Mentally ill person under treatment shall not be subjected to mechanical restraint or other harsh measure

CHAPTER IX: PENALTY AND PROCEDURES

• Deals with penalties which can be relatively severe and explicit for contravening them

CHAPTER X:MISCELLANEOUS

• It deals with clarification pertaining to certain procedures to be followed by medical officer in-charge of the psy.hospital / nsg home

Legal responsibilities of a mentally ill person

Responsibility in the legal sense means the liability of a person for his acts or omissions & if such be contrary to law, the liability to be punished for them.

LAW Civil Law – protects the private and property

rights of individuals and businesses

– Tort: it may be intentional or

unintentional

– Contracts :Failing to fulfill an obligation

Criminal law – provides protection from

conduct deemed injurious to the public

welfare

Cont…………law comes in contact with psychiatry

1. Admission 2. Crime committed by mentally ill

person3. Validity of marriage4. Will 5. Consent 6. Right to vote

Criminal responsibility1. McNaughten Rule

Section 84 of the Indian penal code of 1860 provides that “nothing is an offence which is done by a person who, at the time of doing it by reason of unsoundness of mind, was incapable of knowing the nature of the act or that what he was doing was either wrong or contrary to law”.

2.Durham rule (1954)

• This rule is based on ‘Durham test' or Product rule’. This test is based on a1954 decision in the district of Columbia. The rule states that the accused is not criminally responsible if his act was the “product of mental disease”.

3.American Law Institutes Test (ALI)

• “As per the ALI Test a person is lacking adequate capacity to realize the criminality of his act or conformity of his conduct to the provisions of law is not responsible for performing such an act.

Civil Responsibility

A person has no responsibility in the following conditions, if he is proved to be a lunatic.

1.Mangement of property & affairs

• The court may direct an inquiry to ascertain whether a person is of unsound mind & incapable of managing his property, on an application from any relative.

Cont……

• In such a case a manager is appointed by the court of law to take care of his property, which may include sale or disposal of the property to settle his debits/ expenses.

2.marriage

• As per the Hindu Marriage Act (1955), marriage between any two individuals one of whom was unsound mind at the time of marriage is considered null & void according to law.

• Unsoundness of mind for a continuous period can be sighted as a ground for obtaining divorce.

Cont……..

• The other party can file for divorce when lunacy continues for a period of more than 2 years after marriage.

• If divorce filed after a 3 years period, divorce is granted with a precondition that the other party to pay maintenance charges for the mentally ill person.

3.Testamentary capacity

• Indian succession Act 1925

Testamentary refers to the mental ability of a person to make a valid will.

Cont……….. The requirements of a valid will:

1. A will must be in written form 2. it must be signed by a testator in the presence of at least two witnesses. 3. an executor is appointed under the will by the testator to carry out its terms after his death

Cont……

4. a will can be revoked or modified any

time before the death of the testator

5. the testator must be of sound mind and

major

6. under such circumstances the doctor

tests the testator for orientation,

concentration & memory.

4.Right to Vote

A person of unsound mind cannot

contest for elections or exercise

the privilege of voting.

THANK YOU