AS INTRODUCED IN LOK SABHA

Bill No. 189 of 2016

THE MENTAL HEALTH (AMENDMENT) BILL, 2016 By SHRI BAIJAYANT PANDA, M.P. A

BILL to amend the Mental Health Act, 1987. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. (1) This Act may be called the Mental Health (Amendment) Act, 2016. (2) It extends to the whole of India. 5

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Short title, extent and commencement.

2 Amendment of Section 4.

2. In section 4 of the Mental Health Act, 1987 (hereinafter referred to as the principal Act), for sub-section (1), the following sub-section shall be substituted, namely:— "(1) Every State Government shall, within a period of six months from the date of coming into force of the Mental Health (Amendment) Act, 2016, by notification in the Official Gazette, establish an Authority to be known as the State Mental Health Authority.".

Insertion of new section 5A.

14 of 1987.

5

3. In Chapter III of the principal Act, after section 5, the following section shall be inserted, namely:—

Establishment or maintenance of psychiatric unit by every district hospital.

"5A. Every district hospital shall, within a period of six months from the date of coming into force of the Mental Health (Amendment) Act, 2016, establish or maintain a fully resourced psychiatric unit for admission, treatment and care of mentally ill persons.".

Amendment of Section 6.

4. In section 6 of the principal Act, the proviso to sub-section (1) shall be omitted.

Insertion of new Chapter IIIA.

5. In the principal Act, after Chapter III, the following Chapter shall be inserted, namely:— "Chapter IIIA

10

15

MENTALLY ILL PERSONS—RIGHTS AND OTHER WELFARE MEASURES Rights of mentally ill persons.

14A. Every mentally ill person shall have the right to— (a) live in, be part of and not be segregated from society; (b) live with dignity;

20

(c) live in safe and hygienic environment; (d) privacy; (e) be protected from all forms of physical, verbal, emotional and sexual abuse; (f) adequate provision for wholesome and nutritious food; (g) access to good quality emergency facilities and emergency services;

25

(h) access to mental health care services and treatment run or funded by the State Government; and (i) access to all such health care services as are available to persons with physical illness including health insurance for treatment of mental illness. State Government to designate a health officer.

14B. For the purposes of section 14A, every State Government shall—

30

(a) designate a Health Officer in every district to compile the details of mentally ill persons residing in that district; (b) integrate mental health services into general health care services at all levels of primary, secondary and tertiary health care and in all health programs run by the Government;

35

(c) make provision of community based rehabilitation of, and establishments of shelter homes for mentally ill persons; (d) ensure that every district hospital is equipped with mental health unit; and (e) meet, if minimum health services are not available in the district where a mentally ill person resides, all costs of treatment in some other district.

40

3 14C. Every State Government shall establish a Mental Health Review Board in every district to safeguard the rights of mentally ill persons.".

State Government to establish Mental Health Review Board in every district.

6. In section 24 of the principal Act, in sub-section (2), in clause (a), for the words "if the medical officer certifies" the words "if the medical board certifies" shall be substituted.

Amendment of section 24.

3

STATEMENT OF OBJECTS AND REASONS The United Nations Convention on the Rights of Persons with Disabilities, which was ratified by the Government of India in October, 2007, made it obligatory on the Government to align the policies and laws of the country with the Convention. The need for amendments to the Mental Health Act, 1987 was felt by the fact that the said Act could neither protect the rights of persons with mental illness nor promote their access to mental health care in the country. The need is to provide legislative impetus aimed at clearly outlining the rights of the mentally ill persons and facilities that need to be made available to them. The Bill, therefore, seeks to amend the Mental Health Act, 1987 with a view to, inter alia, (a) establish a State Mental Health Authority by every State Government; (b) establish or maintain a psychiatric unit for the admission, treatment and care of mentally ill persons in every District hospital; (c) confer certain rights to mentally ill persons; (d) designate a Health Officer in every district; and (e) establish a Mental Health Review Board in every district to safeguard the rights of mentally ill persons. Hence this Bill. NEW DELHI;

BAIJAYANT PANDA

July 1, 2016.

4

FINANCIAL MEMORANDUM Clause 2 of the Bill provides that every State Government shall establish the State Mental Health Authority. Clause 3 provides that every district hospital shall establish or maintain a psychiatric unit for the admission, treatment and care of mentally ill persons. Clause 5 provides that every State Government shall meet the cost of treatment, establishment of rehabilitation and shelter homes and providing emergency services to mentally ill persons. It also provides for establishment of a Mental Health Review Board in every district to safeguard the rights of mentally ill persons. The expenditure relating to States shall be borne out of the Consolidated Funds of respective States. However, the Central Government shall bear the expenditure in implementing the provisions of the Act in Union territories. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. Though, at this stage, it is difficult to assess the exact expenditure, it is estimated that a sum of rupees one thousand crore would be involved as recurring expenditure per annum. A non-recurring expenditure of about rupees five hundred crore is also likely to be involved.

5

ANNEXURE EXTRACTS FROM THE MENTAL HEALTH ACT, 1987 (14 OF 1987) *

*

*

*

*

4. (1) The State Government shall establish an Authority for mental health with such designation as it may deem fit. *

*

24.(1)

*

* *

* *

* *

*

(2) After the completion of the proceedings under sub-section (1), the Magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home,— (a) if the medical officer certifies such person to be a mentally ill person, and *

*

*

6

*

*

State Authority for Mental Health Services. Procedure on production of mentally ill persons.

LOK SABHA

————

A

BILL to amend the Mental Health Act, 1987.

————

(Shri Baijayant Panda, M.P.)

GMGIPMRND—1511LS(S3)—25.07.2016.