Mental health Act, 1987

The other features this Act are:- 1) To protect the persons, detained in psychiatric hospitals or psychiatric nursing home without sufficient cause. 2) To regulate the maintenance of mentally ill persons admitted to psychiatric hospitals. 3) To provide facilities for establishing guardianship or custody of mentally ill persons who are incapable of managing their own affairs. 4) To provide for the establishment of Central and State authorities for mental health service. 5) Providing licensing system for staring psychiatric hospitals and nursing homes. 6) To provide legal aid to persons at State expense. 

Object To consolidate the law for the treatment of the mentally ill persons and to manage their property etc.

Definitions Psychiatric hospital - means an hospital established by govt. or by a private person for the treatment of mentally ill persons. But it does not include general hospitals

Mentally Ill person Means a person who needs the treatment by reason of mental disorder other than mental retardation

Mentally Ill prisoner Means a mentally ill person for whose detention in a psychiatric hospital or other place of safe custody, an order under section 27 has been made

Reception Order Means an order issued as per this Act for the admission and detention of a mentally ill person in a psychiatric hospital

Chapter-2 Mental Health Authorities Central Authority For Mental Health Service Section 4 - State authority for Mental Health Service Section 3 – Central Authority will be established by Central Govt. subject to its control and suprindence . This authority will supervise all Mental Health Services under Central Govt. which includes supervision of psychiatric hospitals and psychiatric nursing home. A similar function will be carried out by state authority for Mental Health Service under the control of state Govt.

Chapter- 3 Psychiatric Hospitals Section5 – Establishment This hospitals will be established by the Central Govt. or the state Govt. in relation to their territorial jurisdiction. Besides, the Govt. can establish separate hospitals for mentally ill persons who are less than age of 16, addicted, convicted and also for prescribed category

Section - 6 Psychiatric Hospitals – Requirement of License A Psychiatric Hospital can be establish only as per license granted as per this Act

Section 10 – Duration and Renewal Of License The period of license will be 5 years and it may be renewed on application and prescribed fee. License cannot be assigned and is not heritable. The death of license shall be reported to licensing authority.

Section 11 – Revocation of License License may be revoked by the licensing authority on the grounds:- Act and rule is not complied by licensee The treatment was carried out prejudicial to the interest of patients. This is order is appealable.

Section 13 – Inspection of Psychiatric Hospital The inspection may be carried out by the authorized inspecting officer and he will examine the records to be maintained as per rules. He can also interview patients in case of complaints and on the suspicion that the malpractices are going in the hospital.

Chapter – 4 Admission in Psychiatric Hospital Section 15 - Request for admission for as voluntary patient This request can be made to medical officer in charge of hospital by a mentally ill person who is a major. Similarly the guardian of a child[Mentally Ill] can be admitted in a like way for treatment[Section16]

Section 19 – Admission under special circumstance If a mentally ill person is unable to express his willingness, he may be admitted in the hospital on a application to the in charge and he will not be detained there exceeding 90days. He can be discharged from his own application or an application of his friends or relatives made to the concerned magistrate.

Part – 2 Reception order

The application for issuing a reception order will be made to the concerned magistrate by:- In charge of the Hospital Relative or Friend of the Mentally ill person If they are satisfied that the treatment of mentally ill person has to continued exceeding 6 months For the safety of the mentally ill person and for the safety of others

Section 22 – Procedure on application for reception order The magistrate will enquire the matter and issue the reception order if he is satisfies that:- The mentally ill person is affected by a serious mental disorder For his own safety and safety for others A temporary detention and treatment is inadequate This proceedings should be done by the magistrate in camera

Section 23 – Duties of the police officers in relation to mentally ill persons Every SHO shall take into protection of any person found wandering with in the limit of his station and any other person who is dangerous because of his mental disorder. Subsequent to taking into the protection, the information shall be given to his relatives and he shall be immediately produced before the local magistrate for appropriate orders.

Section 24 – Procedure on Production On production magistrate will examine the mentally ill person and by a medical officer and if satisfied that he is mentally ill, the reception order will issued by the magistrate for further treatment in the hospital. Such mentally ill persons may be handed over to the relatives also for the treatment upon a bond instead of issuing a reception order and magistrate is satisfied on their bona fieds.

Section 25 – Order in case of mentally ill persons, cruelly treated and not getting proper care If the information regarding theses persons who are neglected by their relatives is brought to the notice of SHO, he will have to report this fact to the local magistrate. Such report can be given by a private person also. On the receipt of such report the magistrate will give the order for the production of mentally ill person before him and also summon his relatives or the person in charge

If such person is legally bound to maintain the mentally ill person, the magistrate will give the order to maintain him and if he fails he will be punished with Rs.2000. If the relative refuses to maintain and take care, he can be ordered to be admitted in the hospital.

Section 27 – Admission of mentally ill prisoner An order under section 330 or 335 of cr.p.c can be issued by the magistrate for the admission and treatment of a prisoner in psychiatric hospital during inquiry or trial.

Section 39 – Inspection of mentally ill prisoners A mentally ill prisoner can be admitted in a hospital on the basis of an order under crpc. The IG of the jail shall visit him once in a month and send the report to the Mental service authority of state.

Discharge[S-40] The mentally ill persons shall be discharged by the medical officer in charge of hospital on the report of 2 medical practitioner.

Chapter – 6 Judicial Inquisition on Mentally ill persons, possessing property, its Management, custody of person etc.

Where a mentally ill person is possessed of the property, an application for Judicial Inquisition will be filed by his relatives or by the AG of the state to the Dt. Court. The court will issue notice for the production before it such person for judicial inquisition. The copy of such notice will be served on applicant also.

Section 52 – Appointing a guardian for mentally ill person On inquisition if the court finds that the person is in fact mentally ill and incapable to manage his property, the DT. Court will issue an order appointing a guardian for this person under section 53 and a manager to manage his property as per section 54. This manager will be provided by the court of wards. The collector of the Dt. also can manage the property as per court order

Cost of Maintenance of mentally ill person It will be bound by its relatives holding his estate or by the Govt. as the case may be. Dt. Court can issue appropriate orders in this regard.

Chapter – 8 Protection of Human Rights of mentally ill person

Chapter - 8 S- 81 Protection of the human rights of mentally ill persons The mentally ill persons shall not be subjected to any indignity or cruelty nor for any research. Further their communications shall not be intercepted or detained

Chapter – 9 [Penalties] S-82 Penalty for establishing Psychiatric hospitals without license S-83 Penalty for the improper reception of mentally ill person in psychiatric hospital Penalty for the contravention of section 60 and 69.

Chapter – 10 Pension S-90 Pension, salary etc. of mentally ill person These amounts will be paid by the Govt. to the person in charge of mentally ill person or to other persons who are the dependent of mentally ill persons. The maintenance of mentally ill person will be the main consideration for payment.

Section 91 – Legal Aid to the mentally ill person The legal aid will be provided by the magistrate or Dt. Court to a mentally person for any proceedings before it at the expense of the state if the mentally ill person is not having any means. Otherwise the legal aid will be provided by the court and it will be recovered from the estate of the mentally ill person.

Questions Define :- Psychiatric Hospital? Mentally ill prisoner Mentally ill person Reception Order What is a procedure for issuing a reception order under this Act? Explain briefly the scheme of the mental health Act. How the human rights of mentally ill person is protected under this Act.

What is Judicial inquition and procedure for appointing a guardian and manager for the person and property of mentally ill person? Explain the duty of an SHO in case of a mentally ill person cruelly treated and not under proper care and control. Explain the function and power of central and state authority for mental health service. What is the duration of the license for the psychiatric hospital and under what circumstance it can be revoked. What are the punishment provided under this Act.

Thank You George M.X. Sr. PP