Mental health is different from general health because, in some cases, people with mental illness may not be able to make decisions for themselves. Sufferers do not receive proper treatment, while their families try to hide their condition out of shame. It is estimated that more than 300 million people suffer from depression or 4.4% of the total global population. Despite the burden of mental health problems, it is unfortunately poorly understood in developing countries like India. The new Mental Healthcare Act 2017 repealed/repealed the existing Mental Health Act 1987, which was widely criticized for not recognizing the rights of a sane person.
The Preamble to the A Deep Dive into the Mental Healthcare Act 2017 commits to providing health care and mental health services to people with mental illness (PMI) and to protect, promote, and respect the rights of these people when providing health care and mental health services. However, the law is silent on the provision of care in the community. This law is progressive, patient-centered, and capacity-based. Chapter 5 on “the rights of mentally ill persons” forms the heart and soul of this law. However, the law focuses on the rights of PMI only during their treatment in hospitals, and it is silent on the management of PMI in the community.
A New Definition of Mental Illness
MHCA 2017 gives a comprehensive definition of mental sickness as “a considerable clutter of thought, disposition, discernment, introduction, or memory that impedes judgment, conduct, capacity to recognize reality or the capacity to meet the ordinary needs of life, mental state. Related with liquor and medicate mishandle, but does not incorporate misery which could be a state of capture or inadequate advancement of the human intellect, particularly of destitute insights know”. Therefore, patients who often suffer from mental disorders such as depression, anxiety disorders, and even psychoses, who are judged, the ability and ability to achieve the normal things of life are not affected, may not fall under the category of the purpose of the Act and, therefore, can be admitted or discharged from the hospital like patients with any other disease.
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Stages of the Act
Major Provisions
1) A new definition of mental illness
Previously, mental illness was defined as any mental disorder and it is difficult as mental retardation, but the new law provides a broader definition which is given below:
2) Different rights for people with mental illness
Everyone has the right to receive mental health care and treatment through government-run or approved services. Access to mental health care includes affordable, effective and accessible services. People with mental illness also have the right to equal treatment, protection from abuse and mistreatment, free legal services, access to their medical records and the opportunity to complain about deficiencies in the provision of mental health care.
These provisions include the following.
- Article 18. Access to mental health care.
- Article 19. Right to live in the country.
- Article 21. The right to equality and non-discrimination.
- Article 22. Access to information.
- Article 23. The right to privacy.
- Article 24. Restrictions on disclosure of information about mental illness.
- Article 25. Access to medical records.
- Article 26. Ability to contact and communicate.
- Article 27. Right to legal aid.
- Article 28. Right to complain about deficiencies in service delivery.
The right to choose who will be responsible for making decisions about treatment, hospitalization, etc. People with mental illness shall also have the right to protection from ill-treatment and humiliation. Free treatment is provided to mentally ill persons if they are homeless and poor, even if they do not have a BPL card.
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3) Advance Directives
A person with a mental illness has the right to provide advice in advance, explaining how he wants his illness to be treated and who he chooses to be his representative. Must have a doctor’s prescription or be registered with the Mental Health Council.
4) Mental Health Authority
The bill empowers the government to establish a central mental health authority at the national level and a national mental health authority in each state. All mental health professionals in mental health facilities, including nurses, psychologists, and clinical psychologists, will be required to register with this authority. This body commands to:
- Register, maintain, and manage the register of mental health professionals and institutions,
- Provide quality and service delivery standards for these companies,
- Train law enforcement officers and mental health professionals on the details of the law,
- Receive complaints about inadequacies in service delivery,
- And advise the government on mental health.
5) Mental health treatment
The Bill also specifies the procedure and procedure to be followed for admission, treatment, and discharge of mentally ill persons. A physician or mental health professional cannot be held responsible for any unintended consequences that result from following these helpful directions.
6) Mental health facilities
In the past, mental health facilities included only hospitals and nursing homes for people with mental illness. Later, under the law, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy foundations were also included and were under the control of the government. Also, he says the law requires all mental health facilities to be registered with the relevant federal or state authorities.
Centers and state medical schools are responsible for monitoring people with mental illness and receiving treatment. A list of professionals qualified to provide health care must be maintained by the state authority. These companies must meet statutory requirements to register.
7) Decriminalization of suicide
As expressed in Article 115; Notwithstanding anything contained within Segment 309 of the Indian Corrective Code, any individual who endeavors demonstrated die by suicide might, unless demonstrated something else, be assumed to be beneath extraordinary weight and should not be attempted and rebuffed n beneath the Code. The government has an important responsibility to provide care, treatment, and rehabilitation to the person who is suffering from severe stress and who has attempted suicide, in order to reduce the risk of repeating the suicide attempt.
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Section 309 of the IPC states that “Any person who attempts to die by suicide shall be punished with simple imprisonment for a term which may extend to one year.” This case is well-known in this section.
8) Elimination of barbarous therapy
He also says that a person suffering from mental illness should not undergo electroconvulsive therapy (ECT) without the use of sedatives and sedation. Children are prohibited from receiving electroshock therapy. Prohibit chaining in any form or manner.
9) Punishment and Violation:
Any infringement of this law should be culpable with detainment for six months, a fine of Rs. 10,000, or both. Rehash guilty parties confront an extra two a long time in jail and a fine extending from Rs 50,000 to Rs 5 lakh, or both. The Western adaptation of the law intensely affects MHCA 2017. It is based on personal rights, depends on the understanding, and gives the individual total flexibility for the individual, which avoids treatment unless the quiet gives educated assent.
Criticism of law
The Act does not provide preliminary guidance to children, as per Article 5 of the Act. All jobs must be federal and state. The budget will not meet the obligations under the bill. Both the Centre and the states have statutory obligations; it does not provide for the sharing of money between them. All states have different financial conditions; the federal government will guarantee the necessary funds to fulfill the legal obligations.
If a person no longer requests an order for admission to a mental health unit, the law allows them to stay in a mental health facility as an independent patient for an unspecified length of time or outlines the process to achieve this. This gives the person an effective chance to live in the community. We should initiate discussions with the central and state governments to identify resource gaps and ensure their availability through appropriate budgets to meet the provisions of the MHCB.
MHCA Deadlines
To address the process before taking action, it is necessary to develop a detailed and accurate response plan, as suggested by MHCA deadlines. Training should focus on skill development. Chapter I of the Act limits the definition of “mental health professional” to psychiatrists and professionals who hold diplomas in Ayurveda, Homeopathy, Siddha, and Unani. Despite the main concern, psychologists and social psychologists leave the rules and definitions now. Even though the law has enacted the ban on punishing those who die by suicide, psychiatrists still have a lot to do.
Example:
- The state will love to take care of people after the canal and put them in a new environment.
- If a person tries to kill himself due to social and economic reasons, then the state should consider money to solve the problem.
- The person must be given spiritual support and care. The state may seek help from NGOs and religious media for this design.
Conclusion
The Mental Health Act 2017 is foreign in nature, but not powerful in its scope. There is no doubt that, in terms of its impact, the law represents a significant step forward compared to the 1987 law that preceded it. However, the current health system seems to be inefficient, and we suffer from a lack of resources and professionals in the field, which leads to deterioration in the quality of life and health care of those who have mental illness.
Also Read: Over 81% of People Are Hesitant To Seek Mental Health Care in Chandigarh
The law adopted a standard change by calling “mental health care” a “just right.” The new law establishes outcome standards that mental health professionals must accept and apply. The complaint of attempted suicide is one of the most difficult aspects of the law, and the idea of advance directives and the prohibition of all treatment methods that have given these people with mental illness nightmares and try to repair the system company by engaging them and making sure they love and they work according to the principles that the authorities have ordered.
In violation of the said equality law, the law limits discrimination against people with mental illness. There are no comprehensive rules and regulations to cover all parameters. The determination to implement the principles under the law seems to be weak because it delays the implementation of the proposed property into a price structure. We can recommend mental health promotion and advocacy programs. The government should work hard to give more money to mental health institutions.
References+
- https://vikaspedia.in/health/mental-health/mental-healthcare-act-2017
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6436413/
- https://www.indiacode.nic.in/bitstream/123456789/2249/1/A2017-10.pdf
- https://journals.lww.com/indianjpsychiatry/fulltext/2019/61004/mental_healthcare_act_2017___aspiration_to_action.9.aspx
- https://blog.ipleaders.in/all-need-know-about-mental-healthcare-act/#How_is_mental_illness_defined_under_this_Act
- https://en.wikipedia.org/wiki/Mental_Healthcare_Act,_2017
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