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Parliament gives nod to Mental Healthcare Bill

March 27, 2017 20:33 IST

Parliament on Monday passed a bill that seeks to decriminalise suicide attempt by mentally ill people and provides for the right to better healthcare for people suffering from mental illness.

‘The Mental Healthcare Bill’ also has a provision to protect and restore the property right of the mentally ill people, Health Minister J P Nadda said in the Lok Sabha, just before it was passed by the House by a voice vote.

All the amendments moved by the opposition members were defeated.

The Rajya Sabha had passed it in August last year with 134 official amendments.

The bill provides for decriminalising suicide attempt by mentally ill persons by making it non-punishable under the Indian Penal Code.

It also focuses on community-based treatment and provides for special treatment for women.

The bill seeks to ensure health-care, treatment and rehabilitation of persons with mental illness “in a manner that does not intrude on their rights and dignity.”

While replying to a debate on the bill, Nadda described it as a “patient-centric” measure and said there was a need to empower the patients so that they could secure proper treatment.

The legislation has been brought after wider consultations with the stakeholders, he said.

“There were consultations at the regional level, as well at the Centre. After consultations with the stakeholders the bill was sent to the Standing Committee and post amendments it came to Rajya Sabha.”

Most of the suggestions of the Standing Committee were accepted by the government, the health minister said.

Around 29 members participated in the discussion and almost all of them extended support to the bill.

Stating that the 1987 Mental Act was institutionalised, the minister said that in the present bill, instead of the institution, the focus was on the community.

The bill is a “progressive legislation” and intends to take care of everyone in case of any exigency, he said.

Describing the bill as “historic”, the health minister said with the support of all, “we can develop the mental health services.”

There was a need to take care of the health and hygiene of the patients, he said, adding the right of a child with his/her mother will also be maintained.

Sterilisation would not be conducted on a person who is mentally ill, Nadda said, describing it as “an insane and inhuman act.”

If the need arises, he said, National Institute of Mental Health & Neuro Sciences would be extended.

Responding to concerns expressed by some members over the safety of doctors in the wake of assault on a medico in Maharashtra recently by relatives of a patient, the health minister said instructions have been sent to the states that security of doctors should be ensured.

With regard to the issue raised by Congress MP Shashi Tharoor on the inclusion of “role model”, the health minister said there was no need to include it in the bill.

However, he said, the government will definitely look at it at its own level.

Earlier, members cutting across the political spectrum supported the Metal Health Care Bill.

Nationalist Congress Party Supriya Sule said the Standing Committee has “walked an extra mile” to incorporate the suggestions of all stake holders.

Biju Janata Dal’s Bhartruhari Mahtab said this legislation is the only bill which received 124 amendments and almost all have been accepted by the government.

Highlighting the shortage of medics and paremedics, BJP member Heena Gavit said there are only 4500 doctors specialised in mental health when the requirement was 12,500 and 3000 nurses per one lakh patients having mental disorders.

She rued that the country does not have any Phd seat for research in mental health. She said there should be a proper mechanism to take consent of patients for their treatment and they should not be treated as an “experimental animals.”

Sule wanted to know what would happen to the child after he/she turns the prescribed age.

Mahtab, along with Gavit and Sule, noted that the budget for the mental healthcare is abysmally low.

Sule also demanded inclusion of drug addiction and alcholism into the category of mental disease.

Supporting the legislation, Ravindra Babu of the Telugu Desam Party said, “This was one of the “finest legislation” in last three years, but it mostly focuses on schizophrenia.

K Vishweshwar Reddy of the Telangana Rashtra Samithi said while the earlier laws on mental health were “regulation centric”, the new bill is “patient-centric”.

Referring to Nobel prize winning mathematician John Nash, a patient of schizophrenia, who made fundamental contributions to game theory, Reddy said, at least he had support of his family. The movie ‘A Beautiful Mind’ was based on his character.

“Although he had severe disabilities, he also had other capabilities,” he said.

The TRS MP said the bill should have taken care of property of patients suffering from mental health as “cruel relatives” may exploit them under this pretext.

Supporting the legislation, Ratna Dey of the Trinamool Congress demanded stringent punishment for doctors who falsify mental health cases.

Communist Party of India-Marxist’s P K Sreemathi Teacher said the government should ensure that a mentally ill patient, after treatment, is accepted by the society and the people.

Besides, she said, free treatment for such kind of patient should be allowed.

Bansi Lal Mahto of the Bharatiya Janata Party suggested that ayurvedic clinics
should be equipped to treat mentally ill people as this traditional method has precription for treatment of such diseases.

Jai Prakash Narain Yadav of the RJD there is a need to specify rehabilitation policy since the bill is silent about the exact modalities.

The government should look at providing conducive environment for mentally ill people after the treatment and suitable employment opportunity should be ensured.

Indian National Lok Dal’s Dushyant Chautala said the level of stress is rising in the society and it is necessary to provide medical attention to the people suffering from mental disorder and depression.

He said that just like AIDS patients are give insurance cover, insurance cover with low premium should be provided to people with mental disorder as well.

What the bill states

>> The bill provides for decriminalising suicide attempt by mentally ill persons

>> A person with mental illness will have the right to make an advance directive that states how he she wants to be treated for the illness and nominate a representative

>> Free treatment for a mentally ill person if he/she is homeless or belongs to Below Poverty Line category

>> A person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment and physical healthcare

>> The Bill empowers the government to set-up Central Mental Health Authority at national-level and State Mental Health Authority in every State. Every mental health institute and mental health practitioners including clinical psychologists, mental health nurses and psychiatric social workers will have to be registered with this authority

>> A person with mental illness shall not be subjected to electro-convulsive therapy without the use of muscle relaxants and anaesthesia. Also, electro-convulsive therapy will not be performed for minors

>> They shall not be chained in any manner or form whatsoever under any circumstances

>> A person with mental illness shall not be subjected to seclusion or solitary confinement. Physical restraint may only be used, if necessary

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