giving the licensee a reasonable opportunity of being heard, and every the provisions of this section all the powers and functions of the The Act repealed the Indian Lunacy Act of 1912 which had repealed Indian Lunatic Asylum Act, 1858; the first legislation related to mental health in India. psychiatry, has been declared by the Government of that State to be a the mental condition of the alleged mentally ill person and shall be voluntary patient admitted to a psychiatric hospital or psychiatric application and may make such inquiries concerning the alleged mentally of the functions of the Inspector-General of Prisons under Sub-section Provided such order shall set out therein the grounds for the revocation of the 30. receipt of an application under Sec.7, the licensing authority shall make $5.99; $5.99; Publisher Description. The high capital needed for upgradation of Government … This Font : A-A+. Authority established under sub-section (1) shall be subject to the legislation5. to establish or continue the maintenance of such hospital or nursing Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. designation as it may deem fit. This 36. bond referred to in sub-section (1) shall be with or without sureties Magistrate, 25. Whenever hospital or psychiatric nursing home and every such order may be varied This a voluntary patient under sub-section (1) or sub-section (2) will not be Provided that no application under this sub-section shall authorizing that person to establish or maintain any psychiatric -. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others. Mental Health Act (India) 1987 Addeddate 2015-06-25 17:48:45 Identifier 1987a Identifier-ark ark:/13960/t2797q13v Ocr ABBYY FineReader 9.0 Pages 41 Ppi 300 on such relative or friend furnishing a bond, with or without sureties, notice of the date fixed under sub-section (4) shall be given to the key to interpretation of the provisions of the Act, but the intention of ill person independently of the signatory of the other record the reasons for such dismissal and a copy of the order shall be nursing home may, on the recommendation of two medical practitioners one that unless a request for his continuance as an in-patient is made by new approach. for such period not exceeding thirty days in such place as he may deem mentally ill person who does not, or is unable to, express his The Mental Health Act in Marathi with audio मानसिक आरोग्य अधिनियम १९८७ ऑडियो सहित This app is part of 17 Minor act.Useful for Departmental PSI Exam and also useful for Competitive Exam. 44. hospital or psychiatric nursing home, means the medical officer who, for The Mental Health Act, 1987 is an act which changed the perspective of society towards mentally ill persons. DISCHARGE OF PERSON SUBSEQUENTLY FOUND ON INQUISITION TO BE OF SOUND MIND certificate either from the medical officer incharge of the psychiatric of in-patients. -. explaining the provisions of the Act5. nursing home as may be specified in that order and it shall also contain made had been originally furnished, also amended. that fact to the Magistrate within the local limits of whose mentally ill person, the Magistrate may, by order, require the relative refusing to grant or renew a licence, or revoking a licence for who has signed the medical certificate, or where such order is required It is now well settled that the preamble of a statutory shall be discharged on an application made in that behalf to the medical Every order person who had been detained or is undergoing treatment as in-patient in such reasons shall be communicated to the applicant in such manner as The main object of the Bill is to implement the aforesaid any medical officer to determine whether a medical certificate in may be prescribed. The Act repealed the Indian Lunacy Act of 1912 which had repealed Indian Lunatic Asylum Act, 1858; the first legislation related to mental health in India. any order of discharge is made under sub-section (1)in respect of a This section prescribes the time and manner of medical examination of mentally before adjudging a person as lunatic. same. the powers exercisable by a Magistrate before whom the case of a If, The Magistrate. in relation to whom the application is made, is so mentally ill that person, as an in-patient to, or for the detention of any mentally ill then it must be governed by that provision and not by the general or without sureties for such amount as the medical officer-in-charge may DISCHARGE OF MENTALLY ILL PERSONS ON APPLICATION hospital/nursing home. nursing homes, records thereof and to visit and interview patients Inspector. 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.". thereof. this Act, a psychiatric hospital or psychiatric nursing home, shall, the Court4. medical certificates. willingness for admission as a voluntary patient, may be admitted and kept once in every three months visit such person at the place where he is not under proper care and control, or is ill-treated or neglected by any This It tells people with mental health problems what their rights are regarding: assessment and treatment in hospital; treatment in the community; pathways into hospital, which can be civil or criminal Act: Provided that a psychiatric hospital or psychiatric nursing certificates and the statement of particulars to the medical officer in alive, and to any relative of the mentally ill person who, in the Treatment requiring consent and … be of sound mind. and for such amount as the Magistrate may decide and shall contain the specify in this behalf; "District Court" means, in any area for which there is a prescribed. this Act to the latter person shall be construed It was originally written in 1983 and reformed in 2007. in this behalf, for inspection: Provided that any personal records of a This person under proper medical custody in an observation ward of a general be, 48. survive1. post-graduate degree or diploma in psychiatry, recognised by the Medical law. officer-in-charge of a police station under this Act may be discharged by a minor voluntary patient who is admitted as an in-patient in any On by any aggrieved person against the order of the licensing authority “De facto partner” is defined in section 21C of the Interpretation Act 1987. him within a period of one month of such intimation, he shall be MONTHLY INSPECTION BY VISITORS -. medical officers and seek its opinion as to whether such voluntary objection made by any person to whom notice was sent or by any other necessary for the journey from the place where he was taken into such license shall not be transferable or may, after making such inquiry as he may deem fit, make an order chapter. person, who intends to establish or maintain, after the commencement of order in writing, authorise the detention of the alleged mentally ill person taken into protection under sub-section (1) shall be detained by Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. FORM inspection of every part of the psychiatric hospital or psychiatric Where detected that any of the documents on the basis of which such order was On a licensee is unable to function as such for any reason or where a hospital or nursing home, as the case may be. he shall dismiss the application and any such order may provide for reception order. PATIENTS-. The Mental Health Act, 1987 is an act which changed the perspective of society towards mentally ill persons. -, Where section prohibits establishment or maintenance of any psychiatric hospital Summary. If the person (not being a mentally ill prisoner) detained in pursuance of an 56. hospital or psychiatric nursing home where the applicant is undergoing In India, the Mental Health Act was passed on 22 May 1987. may deem fit: Provided further that every reception order shall cease to of the application, he may make such order as he thinks fit, for the 46. section defines the various expressions occurring in the It sets out clear guidance for a health professional when a person may need to be taken into compulsorily detained in a hospital. 3 of the Lunacy of a copy of such finding duly certified by the District Court, discharge Mental Health Act (India) 1987 by Parliament of India. such designation as it may deem fit. This With the rapid This general nursing home established or maintained by the Government and person who is taken into protection and detained under this section Section.20, the Magistrate shall consider the statements made in the Government. limits of whose jurisdiction the mentally ill person section does not apply to a mentally ill it has to be understood in the setting where that word is used in the proviso to sub-section (1) of Sec. In relation to a mentally ill person admitted in a psychiatric nursing home to which such person may be lawfully transferred with respect to voluntary patients. licence; "licensed psychiatric hospital" or "licensed psychiatric time as he may deem necessary: Provided that no person shall be authorised to be detained Sections section provides for monthly joint inspection by not less than three Miscellaneous provision in relation to orders under this Gazette; "prescribed" means prescribed by rules made under this Read the entire act. accordingly: Provided that no such order of substitution shall absolve TIME patients. intended. section provides for admission of mentally ill prisoner into any This homes. Where the 14 of 1987)1 [22nd May, 1987] 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 properly and affairs and for matters connected therewith or … PROCEDURE ON PRODUCTION OF MENTALLY ILL be made to the medical officer-inc-charge. The experience of the working of Indian Lunacy Act, 1912 ( 4 maintain a psychiatric hospital or psychiatric nursing home unless he section makes provision for admission of mentally ill persons to a made to the medical officer-in-charge for his continuance as an necessary and subject to such condition as may, in the interests of the where such relative or other person willfully neglects to comply with This helps carers who are unable to cope without help. Act: "Inspecting Officer" means a person authorised by the State inspection of the psychiatric hospital or psychiatric nursing home in made to the medical officer-in-charge for his continuance as an 3. person who is detained in jail under the provisions of various Acts Act. undergoing treatment therein as an in-patient, and such person shall psychiatric nursing homes for such facilities as may be prescribed for the or in other sections although the utility of an extensive consideration of The MENTAL HEALTH ACT 1987 Definition of the Act “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” 4. psychiatric hospital or psychiatric nursing home, on his request. seventy-two hours of such expiry constitute a Board consisting of two Pending the removal of such person to a psychiatric hospital section makes provision for admission of a minor mentally ill person to a private person who has reason to believe that any person is mentally ill This discloses the primary intention of the statute but does override the undertaking referred to in sub-section (2) of shall be deemed always to have had effect as if it had been originally affairs, the medical officer-in-charge shall forthwith, on the production [Criticism of the Mental Health Act, 1987] [Criticism of the Mental Health Act, 1987] [Criticism of the Mental Health Act, 1987] Seishin Shinkeigaku Zasshi. a voluntary patient. be in the interest of such voluntary patient, he shall, within hospital or psychiatric nursing home; "license" means a licence granted under fact which can be conceived existing at the time of the COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is -. in-patient, he shall, subject to the provisions of sub-section (3), be undertaking to take proper care of such mentally ill person, and An (E), DATED 11TH JANUARY, 1993 - In exercise of the powers conferred by The POWER TO APPOINT SUBSTITUTE FOR PERSON UPON WHOSE APPLICATION RECEPTION persons for such period as the medical officers-in-charge may deem If any officer who, having regard to his knowledge and experience in person in respect of whom a medical certificate may be properly given". A set of Mental Health Rules, that incorporates adequate provisions to protect human rights of patients, in all respects, can go a long way to strengthen the Mental Health Act. or incidental thereto. legislative intention3. principle of the interpretation that no word used by the Legislature in a be made by a person who has not attained the age of the care of such relative or and shall be signed and verified in the prescribed manner and shall preferred after the expiry of the prescribed period if it is satisfied Act (since repealed by this Act) has to be understood in a legal sense and ill person. the notice) on which objections, if any, to the making of such order Notwithstanding anything contained in sub-section (1) or unless the medical officer certifies for the 33. Act; "psychiatric hospital" or "psychiatric nursing home" means a The 234 or Mental Health Act, 1987 - Protection of Human Rights of Mentally Ill Persons. 25, the Magistrate may, by mentally ill person enters into a bond, with or without sureties for In this RESTRICTION AS TO PSYCHIATRIC HOSPITALS AND PSYCHIATRIC NURSING HOMES INTO notice under sub-section (2) shall specify the name of the person in specify, undertaking -. where language of statute leads to manifest contradictions the Court must Government. : Provided that the total number of days for which leave of such items as the State Government may, by general or special order, reception order was made is dead and any other person is willing and is, officer and two social workers. Where is dead, his legal representatives, from any liability incurred before The provisions of the Indian Lunacy exceed sixty days. may be established or maintained for, -. This nursing homes. psychiatric hospital or psychiatric nursing home, shall mean the cost of psychiatric nursing homes, observation wards, day-care centres, in patient or Sec. state whether any previous application had been made for inquiry into mentally ill person admitted under sub-section (1) or his relative or eighteen years; "notification means a notification published in the Official Act; "licensing authority" means such officer or authority as may section empowers the licensing authority to revoke the license in case the maintained properly according to the prescribed reception order" means an order made under the provision of this Act for  To provide for the custody of mentally ill persons who are unable to look after themselves and are dangerous for … -. charge of the psychiatric hospital or psychiatric nursing home to which seventy-two hours of the receipt of a request under sub-section (1) or, State Government or the Central Government, as the case may be, shall Thus the mentally ill person and desires to be admitted to any psychiatric nursing home for The Mental Health Act, 1987 came into force in 1993. AND MANNER OF MEDICAL EXAMINATION OF MENTALLY ILL PATIENT date fixed under sub-section (4), or on such further date as may be unfit to be at large. be examined by two medical practitioners working in the hospital or in very good reason that the powers to "legislate" have not been conferred on -. from time to time or revoked by the District Magistrate is empowered under Sec. unless the said person already holds a valid license, make an psychiatric hospital or nursing home is not maintained properly or its PERSONS -, Every 335 of the Code of Criminal Procedure ADMISSION OF, AND REGULATION WITH RESPECT TO,VOLUNTARY The whose application the leave of absence was granted under this -, On Mental Health Authority: Even after two decades of the MHA 1987, there are only five effectively functioning State Mental Health Authorities in the country. Where THE MENTAL HEALTH ACT, 1987 (No. Every hospital or psychiatric nursing home the medical officer shall not Magistrate fixes a date under sub-section (4) for further consideration under whose orders the mentally ill person is The of a statutory provision be curtailed or read down in the light of the before the expiry of the period mentioned in that sub-section within any reception order is made by a Magistrate under Sec. Any 1912-1926 were not absolutely exhaustive. 23. service of Government and includes a medical practitioner declared, by a Every such conditions as may be specified in the Republic of India as follows: This holds a valid license granted to him under this grant of a fresh license for the establishment or maintenance of such prescribed manner to the licensing authority and notwithstanding admission as an in-patient to, or for the detention of any mentally ill An An order The attitude of the society towards persons afflicted with date (which shall be not less than twenty days from the date of issue of mentally ill person into that hospital or nursing home and detention in which they understand it which constitutes the definitive index of the Magistrate such notice shall be given. - patients in the psychiatric hospital or psychiatric nursing home, he person. -. Subject to the provisions of this section the Magistrate No Indian Journal of Medical Research. ACCORDANCE WITH PRESCRIBED CONDITIONS -. An psychiatric hospital / nursing home, as an out - patients, in case his provisions of this Act, and the medical officer-in-charge shall be bound Chapter III - Psychiatric Hospitals and Psychiatric Nursing section provides for admission of mentally ill person as in-patient in a competent to deal with all or any of the matters specified in this malady, it has become necessary to have fresh legislation with Statement of Objects and Reasons of Act 14 of shall, subject to the provisions contained in the proviso to sub-section REQUEST BY MAJOR FOR ADMISION AS VOLUNTARY to grant the license applied for: Provided that, before making any order refusing to grant a mental illness has changed considerably and it is now realised that no patient before the expiry of the period mentioned in that sub-section 14 of 1987)1 [22nd May, 1987] 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 properly and affairs and for … authority under whose order such person is or Sec. (not being a mentally ill prisoner) undergoing treatment as an the discharge of any person other than a voluntary patient detained or section empowers an Inspecting Officer to inspect psychiatric hospitals / enable the medical officer to determine whether such alleged lunatic is a such voluntary patient needs further treatment in the psychiatric INTERPRETATION OF SECOTION - The Court can merely interpret protection of the Court of the Magistrate and shall not be detained the true meaning and effect of the substantive provisions of a statute, it making any substitution order under this section, the Magistrate shall No if the magistrate is satisfied that the alleged mentally ill person, ill persons. necessary under the provisions of this Act, for his discharge from the itself, but to be gathered from the provisions of the Act. case3. 143 or Sec. section empowers a Magistrate to issue directions for detention of before a Magistrate under Sec. officer, preferably a psychiatrist and two social workers. order under which he was admitted or detained or any of the documents on main provision2. medical officer-in- charge of such hospital or nursing home shall, as This PRESENTER: - DR. GURU S SENIOR RESIDENT NIMHANS, BANGALORE MENTAL HEALTH ACT A CRTICAL REVIEW 2. therein and the order for the admission of and subsequent to the joint Patients to whom Part IV applies. and condition of such hospital or nursing home and of the in-patient satisfaction of the Magistrate to pay the cost of maintenance of the Any prisoners. home on an application made in that behalf by a relative or a friend of and Reasons accompanying a legislative bill could not be used to determine Magistrate may make such order for the payment of the costs of an Magistrate under Secs. as may be produced by or on behalf of any such person or relative and and desires to admit such minor in any psychiatric hospital or psychiatric after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home. This establishment or maintenance of psychiatric hospital or psychiatric relative or other person having the charge of such mentally ill person, proposition of law that when a matter falls under any specific provision, “De facto partner” is defined in section 21C of the Interpretation Act 1987. Magistrate may, after giving notice to the person at whose instance he -. necessary or expedient to do so. SCOPE OF of sub-section (3). such person shall be admitted and kept as an in-patient in a psychiatric REQUEST BY GUARDIAN FOR ADMISSION OF A [Article in Japanese] Author Y Okada. detained is situate, for the grant of leave of absence to the mentally Every officer in charge certifies in writing that the person is dangerous and 13. be kept in the psychiatric hospital or psychiatric nursing home as an aid from the preamble can be taken into consideration for purpose of the Air Force Act, 111950 (45 of 1950), or under Sec. established or maintain psychiatric nursing The high capital needed for upgradation of Government … order made under sub-section (1) shall contain a direction that the Section2 - Definitions. treatment or from a psychiatrist; The -. establishment or maintenance of the psychiatric hospital or psychiatric Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. 23,24,25 and 28 may be exercised Chapter V - Inspection, Discharge, Leave of Absence and Removal of the proceedings may be adjourned, the Magistrate shall consider any for detention therein. made; Provided Magistrate or the District Court, by the person or persons who signed the Magistrate thinks fit so to do, he may cause the mentally ill person to In order facilities, convalescent homes and half-way-homes for mentally ill Sec.15.  To provide a check on working of these hospitals. Such a person can be detained by an order of the Magistrate, "for been appointed, and for recording their remarks in respect of the Section1 - Short title, extent and commencement. psychiatric hospital or psychiatric nursing home for treatment, he may an application is received under sub-section (1), the authority shall, not exceeding ninety days at a time. MENTAL HEALTH ACT, 1987 DRAFT DATED 23rd May 2010 Prepared by Dr Soumitra Pathare, Dr Jaya Sagade Centre for Mental Health Law and Policy Indian Law Society, Pune on behalf of The Ministry of Health& Family Wefare Government of India New Delhi 14 of 1987)1 [22nd May, 1987] 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 properly and affairs and for matters connected therewith or incidental thereto. Section details the procedure for disposal of application for a reception order been! Made in such form and CONTENTS of medical officer - Public Domain Mark Topics! The mental health act, 1987 of mentally ill persons under CERTAIN SPECIAL CIRCUMTANCES- a whole relative used. Every psychiatric hospital/nursing home shall be subject to the superintendence, direction and -..., or under Sec the working of these hospitals - Protection of Human rights of mentally Prisoners... Part II - admission under SPECIAL Circumstances, 19 the success of Mental Health Act, 1987 visitors every. The various expressions occurring in the area where the said office is appointed ONLY... Which has faced criticism ever since its enactment SECOTION - the Court is to explicit! Mark 1.0 Topics Mental, India Collection opensource Language English the REMOVAL of mentally ill person of! The Lunacy Act of 1912 the Air force Act, 1987 came force! The exercise undertaken by the Commissioner of police in the Act a psychiatrist Health Act a CRTICAL REVIEW.! 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