The New Mental Health Act – The Mental Health Act 2017, which will take effect on July 7, 2018, was passed on April 7, 2017. This Act replaces the existing Mental Health Care Act 1987, which was passed on May 22, 1987 This law was enacted to provide mental health care and services to people with mental illnesses and to protect, promote and fulfill that person’s rights during the provision of mental health services and for related or incidental matters.
The law was created to comply with the Convention on the Rights of Persons with Disabilities and its choice protocol to which India is a signatory and therefore India is bound and bound by existing laws. According to the World Health Organization, around 36% of Indians suffer from depression all the time. The impetus for this law is to guarantee the right to mental health and it clearly shows that the government’s attempts to address this issue have been neglected for decades.
The New Mental Health Act
The law defines “mental illness” as a major disturbance of thinking, feeling, perception, orientation, or memory that impairs judgment, behavior, ability to recognize facts, or ability to attend to normal needs in life situations. alcohol. And drugs, but excludes psychosis, which is a condition of arrested or incomplete development of the human psyche characterized by intellectual abnormalities. In this law, “mental health care” includes the analysis and diagnosis of a person’s mental state and treatment, as well as the care and rehabilitation of that person for his or her mental illness or illness.
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One of the most important provisions of this law is “Advance Guidance”. This gives the psychiatrist the right to make advance directives that clearly state how he wants to receive treatment for his illness and who the appointed representative is. Of course, this instruction must follow the regulations made by the central authority.
This Law provides for the appointment of representatives appointed by the mentally ill. In the absence of any guidance from a psychiatrist, relatives, appropriate care providers, such as the head of the Department of Social Welfare, may be appointed as nominated representatives.
Everyone has the right to freedom of movement and residence within the borders of each State. This right includes in its domain three fundamental principles – accessibility and convenience.
• People living below the poverty line, with or without a poverty line card, or the poor or homeless will be entitled to free and financially free mental health care and services. In all operations the institution provides funding. Or determined by the government.
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• Another important right is the right to equality and non-discrimination. All persons with mental illness are treated equally as persons with physical disabilities in the provision of all health services.
• Persons with such a mental illness and their designated representatives have a right to information. This information includes the right to know the provisions of this law, the nature of the person’s mental illness and the proposed treatment. In a language he could understand.
• The law also provides mental health patients’ right to confidentiality regarding mental health, medical care and treatment under certain exceptions.
• It also offers offers related to personal relationships and communications with whom you want to communicate and with whom you don’t.
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• Persons with mental illness are entitled to free legal services under the Legal Services Authority Act 1987.
• They have the right to complain about the lack of services to the relevant authorities.
The law seeks to establish central national mental health authorities and state mental health authorities in all states. The functions of these authorities are:
The Mental Health Act of 2017 provides for the establishment of the Central Mental Health Authority Fund and the State Mental Health Authority Fund to maintain accounts for donations, loans, fees, sums, etc. made by authorities under this law. This fund will be used to cover salaries, allowances of employees involved in withdrawals for the purposes of this Law.
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This law makes it mandatory for all mental health facilities to register with their respective central or state mental health authorities. For registration, these institutions must meet certain criteria established by law.
This law includes a number of provisions for the establishment of the Mental Health Review Board. This quasi-judicial body is primarily responsible for:
This law describes the procedures and procedures for admission, treatment and subsequent departure of a person with a mental illness. The law provides that –
No electroconvulsive therapy without the use of muscle relaxants and anesthesia can be applied to these people.
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• These people should not be subjected to solitude or solitary confinement, and physical resistance can only be used if necessary.
Under the law, penalties for breaching any provision would carry up to six months imprisonment or a fine of Rs 10,000 or both. For subsequent offences, imprisonment for two years or a fine of 500,000 to 5 million riels, or both Good.
According to section 115 of the law, anyone who attempts to commit suicide will be considered subject to any other indication of severe suffering and will not be prosecuted and convicted under Article 309 of the Indian Penal Code. It also obliges the government to provide care, treatment and rehabilitation for individuals with severe stress and those who attempt suicide to reduce the risk of recurrence of suicide attempts.
In conclusion, we can say that the Mental Health Care Act 2017 is an important step in treating people’s mental illnesses. The provisions made in this regard are commendable. Most importantly, the repeal of the outdated and completely inhumane Section 309 of the Indian Penal Code. However, the law faces many problems on its doorstep, such as the country’s poor medical infrastructure, lack of mental health professionals, lack of adequate funding, and social stigma. Have in mind. This law does not see the light of day because of one person or one government, but it is our collective effort. These people, only we can participate in the successful implementation of this law.
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Privacy and Cookies: This site uses cookies. By continuing to use this site, you are consenting to its use. When people are inadvertently (confirmed) hospitalized in British Columbia under the Mental Health Act, they cannot leave the hospital without a doctor’s permission or make decisions about their mental health care Yes, but they do not lose all their rights. In fact, the law says they must tell their story
Rights – such as the right to object to their certification through a review panel hearing – when they are certified and whenever their certification is renewed.
But in a 2011 Ministry of Health survey of mentally ill patients with short stays, 43% of confirmed respondents said they were not told about their rights in the same way.
Possible reasons could be that doctors do not consistently inform patients about their rights. Another could be that patients are told about their rights when they are not aware enough to understand them. A third reason may be that the document doctors use to provide information about patient rights – Government Form 13 (see below) – is not an effective communication tool.
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To explore this last possibility as part of my doctoral research, I spent the last year interviewing people with personal experience of Form 13 certification. Their comments suggest that the form itself does not meet the patient’s information needs. Instead, patients want:
In response to this feedback, I worked with a team of former patients, educators, nurses, psychiatrists and legal professionals to create a new rights document (example below) for patients, including two videos, brochures, posters and a wallet card. Our team’s patient partners wrote the first draft of this material, and we revised and improved it through three rounds of user testing, asking for feedback from experienced people to confirm.
Based on this feedback, we finalized the material and are very excited to make it available for everyone to use. You’ll find them on our website bcmentalhealthrights.ca, where they can be downloaded, printed and shared for free. They are patient information resources that are recognized with integrated patients, which means they are created for patients with patient information at every step.
Our team is now working to present these materials to physicians who work with certified people so that non-volunteer patients can benefit from these new communication devices while they are in the hospital. We have already sent informative sessions to some hospitals in the lower continent and we are going to love it
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