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LATEST NEWS UPDATES | Bill bans chaining of mentally ill people by Aarti Dhar

Bill bans chaining of mentally ill people by Aarti Dhar

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published Published on Mar 20, 2011   modified Modified on Mar 20, 2011
Mental health facility should not be used as a punishment or longer than is required

Draft Mental Health Care Act, 2010 will replace the existing Mental Health Act, 1987

The draft Mental Health Care Act, 2010, prohibits chaining and use of electro-convulsive therapy without muscle relaxants and anaesthesia in adults with mental illness, while the use of electric shock as treatment for minors is disallowed. Sterilisation of men and women, intended as a treatment for mental illness, will also not be allowed.

Advocating the need for community treatment of people with mental ailments, the new draft suggests that physical restraint and seclusion be used only when it is the only means to prevent imminent and immediate harm to the patient or others, and mental health facility should not be used as a form of punishment or longer than is required on a mentally ill person.

When approved by Parliament, the draft Mental Health Care Act, 2010 will replace the existing Mental Health Act, 1987. Granting legal rights to mentally ill people, the proposed law allows institutional treatment to such patients only up to 30 days, instead of the existing 90 days, which is often misused to send people into mental asylums if ratified by two psychiatrists. This provision has been used to seek divorce or even usurp property.

Being described as an improvement over the existing Act, the proposed law provides for categorisation of mentally-ill patients as ‘independent' who do not need support and can make decisions on their treatment, institutional treatment included.

In the case of minors, the treatment will be given only with the consent of parents or guardians or nominated representatives, which can also be a non-governmental organisation.

Under the new Bill, a patient can be kept in an asylum beyond 30 days only if it is extremely necessary and if he can cause harm to himself or others, has shown violent behaviour, or has indications that he or she is unable to take care of himself or herself. This decision, too, would have to be ratified by the Mental Health Review Commission.

The Hindu, 20 March, 2011, http://www.hindu.com/2011/03/20/stories/2011032054891200.htm


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