MENTAL

HEALTH LAWS
IN INDIA
Presented by:

JYOTHI G PILLAI
M.Sc NURSING 1st year
MENTAL HEALTH NURSING
 INTRODUCTION

• Being a welfare state, our Country plays a vital role in social inclusion
and provides equal opportunity and participation. All our legislations
and provisions have stood up for the same. However, earlier
legislations in respect of mental health were primarily concerned with
custodial aspects of persons with mental illness and protection of the
society.
• Thus, there was a grave need for the present laws to consider care of
persons with disabilities (including disability due to mental illness) as a
human rights issue rather than a social welfare concern.
MENTAL HEALTH ACTS IN INDIA

Pre independence Post independence

• Indian Lunatic Asylum Act of • 1947-Indian Psychiatric society
1858 established
• Indian Lunacy Act of 1912. • 1987-Mental Health Act of 1987
• Mental Health Care Bill
 INDIAN LUNATIC ASYLUM ACT,
1858
• After the takeover of Indian administration by the British crown in
1858, many laws were introduced for the care of people with a mental
illness.
• Under the provisions provided within this law, people with mental
illness were detained for indefinite periods of time in inhumane
conditions with minimal chance of discharge.
• To rectify these issues, The Indian Lunacy Act 1912 was introduced.
 INDIAN LUNACY ACT, 1912

•  The ILA 1912 was essentially the first law that governed mental health in
India.

• It brought in fundamental change for the management of asylums, which

were later termed mental hospitals.

• This act focused on the protection of the public from those who were
considered dangerous to society (i.e. patients with a mental illness).

• The ILA 1912 neglected human rights and was concerned only with
custodial sentences. As a result, the Indian Psychiatric Society suggested
that the ILA 1912 was inappropriate and subsequently helped to draft a
mental health bill in 1950.
 MENTAL HEALTH ACT, 1987

•  After three decades of the proposed mental health bill, it was finally
implemented as an act in 1987.

• The Mental Health Act was passed on 22 May 1987.

• The law was described in its opening paragraph as "An Act to

consolidate and amend the law relating to the treatment and care
of mentally ill persons, to make better provision with respect to their
property and affairs and for matters connected therewith or incidental
thereto."
 MHA (CONTD.)

• Mental Health Act was drafted by parliament in 1987 but it came into
effect in all the states and territories of India only in 1993.
• This Act replaces the Indian Lunacy Act of 1912 which had earlier
replaced the Indian Lunatic Asylum Act of 1858.
 MHA (CONTD.)

• Replaced offensive terminologies:

Old Terms New Terms

Nursing Home/Asylum Psychiatric Hospital

Lunatic Mentally ill Person

Criminal Lunatic Mentally ill Prisoner

 MHA (CONTD.)

• Establishment of mental health authorities at central and state levels.

• Establishment and maintenance of psychiatric hospitals and nursing

homes.

• Procedures of admission and detention of mentally ill.

 MHA (CONTD.)

• Inspection, discharge, leaves of absence and removal of mentally ill

persons.

• Judicial inquisition property of mentally ill persons and its

management.

• Maintenance of mentally ill persons in a psychiatric hospitals.

 MHA (CONTD.)

• Protection of human rights of mentally ill persons.

• Penalties and procedures for infringement of guidelines of the act.

• To protect the society from the dangerous manifestations of mentally

ill.

• To protect citizens from unnecessary detention.

 MHA (CONTD.)

• To provide legal aid to poor mentally ill criminals at state expense.

• Provision of separated places for children, addicts, convicted persons,

etc.
POSITIVE ASPECTS OF THE ACT

• Upholding the dignity of mentally ill by replacing offensive

terminologies.
• Establishment of licensing authorities.
• Provision of new hospitals.
• Provision of Outpatient care thus avoiding unnecessary detention.
• Appointment of guardians.
 POSITIVE ASPECTS OF THE
ACT(CONTD.)
• Defined mental illness in a progressive way, placing emphasis on care
and treatment rather than on custody
• Provided detailed procedures for hospital admission under special
circumstances

• Emphasised the need to protect human rights, guardianship and the

management of the property of people with a mental illness.
 DRAWBACKS OF MHA, 1987

• The Act has not been able to adequately protect the rights of mentally
ill persons and promote access to mental health care in the country.
• It was also silent about the rehabilitation and treatment of patients after
their discharge from hospital.
• These criticisms led to the amendment of the MHA 1987, which
eventually culminated in the Mental Health Care Bill 2013, which was
introduced in the Rajya Sabha on 19 August 2013. This bill repeals the
MHA 1987, but is yet to come into force as an act.
 UNITED NATIONS CONVENTION FOR
RIGHTS OF PERSONS WITH
DISABILITIES-2006 AND INDIAN LAWS

• UNCRPD was adopted in India in December, 2006.

• It was ratified by the Parliament of India in May, 2008.

• Countries that have signed and ratified the UNCRPD are required to bring

their laws and policies in harmony with it. Therefore, all the disabilities

laws in India were revised.

 UNCRPD (CONTD.)

• The convention marks a paradigm shift in respect of disabilities from a

social welfare concern to a human right issue. The new paradigm is
based on presumption of legal capacity, equality and dignity.

• There is no explicit prohibition of forced interventions in the

UNCRPD, but neither does the Convention permit compulsory mental
health care.
 MENTAL HEALTH CARE ACT,
2017
• The Mental Health Care Act was passed on 7 April 2017, superseding MHA of
1987 and was described in its opening paragraph as "An Act to provide for mental
healthcare and services for persons with mental illness and to protect, promote
and fulfil the rights of such persons during delivery of mental healthcare and
services and for matters connected therewith or incidental thereto.“
• The new act defines “mental illness” as a substantial disorder of thinking, mood,
perception, orientation, or memory that grossly impairs judgment or ability to
meet the ordinary demands of life, mental conditions associated with the abuse of
alcohol and drugs.”
• According to the Mental health Care Act, Mental illness is to be treated like any
other health problem.
 MHCA, 2017(CONTD.)

1.RIGHTS OF THE MENTALLY ILL

• Another highlight of this Act is to protect the rights of a person with mental
illness, and thereby facilitating his/her access to treatment and by an
advance directive; how he/she wants to be treated for his/her illness.
Advance Directive-This empowers a mentally ill person to have the right to
make an advance directive toward the way she/he wants to be treated for
the requisite illness and who her/his nominated representative shall be. This
directive has to be vetted by a medical practitioner.
 MHCA, 2017(CONTD.)

• The government has to set up the Central Mental Health Authority at

national level and State Mental Health Authority in every state.
• All mental health practitioners (clinical psychologists, mental health
nurses, and psychiatric social workers) and every mental health institute
will have to be registered with this authority.
 MHCA, 2017(CONTD.)

• These bodies will

(a) register, supervise, and maintain a register of all mental health
establishments;
(b) develop quality and service provision norms for such establishments;
(c) maintain a register of mental health professionals;
(d) train law enforcement officials and mental health professionals on the
provisions of the act;
(e) receive complaints about deficiencies in provision of services; and
(f) advise the government on matters relating to mental health.
 MHCA, 2017(CONTD.)

2.ECT & DECRIMAINALIZING SUICIDES

• It decriminalizes suicide attempt by a mentally ill person.
•  It imposes on the government a duty to rehabilitate such persons.
• Prohibition of conduction of ECT without use of muscle relaxants and
anaesthesia.
• Prohibition of conduction of ECT on minors.
 MHCA, 2017(CONTD.)

3.RESPONSIBILITY OF OTHER AGENCIES

• Any information of a mentally ill persons has to be escalated to the
Magistrate.
• Any wandering persons with compromised mental status is to be taken
under protection of a police station and to be subjected to medical as
well as mental health examinations.
 MHCA, 2017(CONTD.)

4.FINANCIAL PUNISHMENT
• The punishment for violating of provisions under this Act will be
imprisonment up to 6 months or Rs. 10,000 one or both.
• Repeat offenders can face up to 2 years in jail or a fine of Rs. 50,000–5
lakhs or both.
 SUMMARY

Today, we have discussed about the following topics

• INDIAN LUNATIC ASYLUM ACT, 1858
• INDIAN LUNACY ACT, 1912
• MENTAL HEALTH ACT, 1987
• UNCRPD, 2006
• MENTAL HEALTH CARE ACT, 2017
 CONCLUSION
• We discussed about various mental health laws in India.
• They are:
 Indian Lunatic Asylum Act of 1858
 Indian Lunacy Act of 1912
 1947-Indian Psychiatric society established
 1987-Mental Health Act of 1987
 Mental Health Care Bill
• UNCRPD and Indian Laws
• Mental Health Care Act
 EVALUATION

1) The first Act.

2) Expand UNCRPD.
3) The year in which MHA come into effect.
4) 2 drawbacks of the MHA.
 BIBLIOGRAPHY

• SREEVANI R. ‘A guide to Mental Health & Psychiatric Nursing’, 4th

Edition, Jaypee Publications, Page Number 12.
• Stuart Gail W. ‘Principles and Practices of Psychiatric Nursing’, 9th
Edition, Elsevier Publishers, Page number 135.
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5282613/#:~:text=In%
20India%2C%20some%20of%20the,Sexual%20Offences%20Act%2C
%202012%2C%20and
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3705679/
• https://main.mohfw.gov.in/sites/default/files/Final%20Draft%20Rules%
20MHC%20Act%2C%202017%20%281%29.pdf
Thank you!!!!!