An estimated 6-7% of the country’s population suffers from some kind of mental illness, while 1-2% has an acute condition. The Mental Healthcare Bill 2016, which makes provision to protect, promote and fulfill the rights of persons during delivery of mental healthcare and services, secured parliamentary approval on Monday with the Lok Sabha’s assent to the legislation. The bill was passed by the Rajya Sabha in August 2016.
Definition
The Bill defines “mental illness” as a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence.
Highlights of Mental Healthcare Bill:
- Decriminalising attempt to commit suicide
- Bans use of electric shock therapy for treating children with mental illness
- Permits conditional use of shock therapy on adults, after being given anaesthesia, muscle relaxants
- Emphasises on ensuring no intrusion of rights and dignity of people with mental illness
- It will be government’s duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of any attempt
- The bill also provides that 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
Suicide is decriminalised
A person who attempts suicide shall be presumed to be suffering from mental illness at that time and will not be punished under the Indian Penal Code. The government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.
