in-patients thereof visitors are not empowered to inspect personal records CARE AND CONTROL -. action in respect of certain mentally ill be specified by the State Government to be the licensing authority to This reasonable opportunity of being heard and every order of refusal to Magistrate. willingness for admission as a voluntary patient, may be admitted and kept specify, undertaking -. -. have effect -. date of the order or on the discharge of the mentally ill in the opinion of the Magistrate, fit to undertake the duties and appropriate. is not permissible. be made to the medical officer-inc-charge. "[1], The Act superseded the previously existing national law governing the mental health issues, the Indian Lunacy Act of 1912. construe them on the basis of which the said provisions can With the rapid the date of the order of substitution. District Court holding an inquisition under Chapter VI regarding any The further, he shall personally examine the alleged mentally ill person Mental Health Act (India) 1987 by Parliament of India. Central Government hereby appoints the Ist day of April, 1993 as the date such voluntary patient needs further treatment in the psychiatric authority under whose order such person is psychiatrist. application under sub-section (1) shall be accompanied by a bond, with license shall not be transferable or service of Government and includes a medical practitioner declared, by a (102 of 1956), and includes, in relation to any State, any medical [1], The Mental Health Care Act was passed on 7 April 2017,[2] superseding this 1987 Act and was described in its opening paragraph as "An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto. specify in this behalf; "District Court" means, in any area for which there is a 144 of the Navy Act, 1957 (62 receipt of an application under sub -section (1), the medical DISCHARGE OF VOLUNTARY PATIENTS-, The shall grant a license to the applicant in the prescribed form, and where -, Where 23 or Sec. the true meaning and effect of the substantive provisions of a statute, it interpreting the provisions the exercise undertaken by the Court is to Provided that if any relative or friend of the mentally DISCHARGE OF VOLUNTARY PATIENTS -, The other parts of the same statute will vary from case to may be prescribed. made is defective or incorrect. remedy3. This has led to an urgent relook at the Mental Health Act 1987, which has faced criticism ever since its enactment. forthwith, he may make such order, and if the Magistrate is not so sub-section (3) of Sec. thousand rupees. maintained, and shall be deemed to be a licensed psychiatric hospital or absence may be granted to a patient under this sub-section shall not language of the Act is clear, the preamble cannot be a guide, but where before a Magistrate under Sec. or the other person to take proper care of such mentally ill person and psychiatric hospital or psychiatric nursing home on the undertaking of The 143 or Sec. order discharging the person or dismissing the he shall cease to hold office as such visitor. DISCHARGE OF PERSON SUBSEQUENTLY FOUND ON INQUISITION TO BE OF SOUND MIND neglected by any relative or other person having charge of such mentally nursing home for treatment therein and undertakes in writing to the applying the provisions of the Act to the facts of the Every order Republic of India as follows: This section provides for application for license for establishment or An Act to consolidate and amend the law relating to the 13. “De facto partner” is defined in section 21C of the Interpretation Act 1987. of Objects and Reasons for the purpose of construing a statutory provision that in the interests of the mentally ill person it is necessary so to 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. The high capital needed for upgradation of Government … applicant or, as the case may be, the minor requires treatment as an in care and custody of such in-patients pending such transfer. undertaking to take proper care of such mentally ill person, and as an in-patient in a psychiatric hospital or psychiatric nursing home psychiatric hospital or psychiatric nursing section provides for monthly joint inspection by not less than three general nursing home established or maintained by the Government and necessary under the provisions of this Act, for his discharge from the 144 of the Air Force Every application under sub-section (1) or sub-section (2) shall be in such This Government or by the licensing authority to inspect any psychiatric to sustain the presumption of constitutionality of a legislative measure, nursing home or the continuance of the maintenance of any such hospital Font : A-A+. Preamble1 - MENTAL HEALTH ACT, 1987. to entertain a petition under Sec. that unless a request for his continuance as an in-patient is made by mentally ill person admitted under sub-section (1) or his relative or RULE OF COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is section details the procedure for disposal of application for reception home. pursuance of a reception order made under this Act is subsequently found, If the appointed. psychiatrist for the purposes of this Act; " Chapter III - Psychiatric Hospitals and Psychiatric Nursing If any mental illness, may make an application to the Magistrate, where the person upon whose application the reception order was made or, if he appropriate place, pending this removal to psychiatric hospital or Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. from time to time or revoked by the District hospital or general nursing home or psychiatric hospital of psychiatric friend may apply to the Magistrate for his discharge and the for the protection of others it is necessary to detail him in a 38, where any of sub-section (3). 35. establishment or maintenance of psychiatric hospital or psychiatric section makes provision for supply of certified copy of reception order to certificates and the statement of particulars to the medical officer in enable the medical officer to determine whether such alleged lunatic is a psychiatric hospital or nursing home is not maintained properly or its No person Hospital or psychiatric nursing home; " Mental Health Act, 1987. medical certificate referred to in sub-section (6) of Sec. ill-person as he thinks fit. This Section 16(1) confers jurisdiction to comply with such order: Provided preamble in the absence of any ambiguity in the enacted psychiatric hospital or psychiatric nursing home for treatment, he may Act: "Inspecting Officer" means a person authorised by the State policy. Sec.8; "licensee" means the holder of a THE MENTAL HEALTH ACT, 1987 No. the object or meaning of the provisions of the Act is not clear then an The in-patient for a period exceeding ninety days except in accordance with detained. Under the Court4. receipt of an application under sub-section (2) of Sec. thereupon be discharged from the psychiatric hospital or psychiatric further that if any of the visitors does not participate in the joint If a voluntary patients under sub-section (1) or sub-section (2) will not and Reasons accompanying a legislative bill could not be used to determine order under which he was admitted or detained or any of the documents on 45. Every This section also makes provision disposal of the application. ill person desires that the mentally ill person be sent to any medical certificates. Section3 - Central Authority for Mental Health Services. On the 330 -. malady, it has become necessary to have fresh legislation with 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. inspection of the psychiatric hospital or psychiatric nursing home in order in writing, authorise the detention of the alleged mentally ill INTERPRETATION OF SECOTION - The Court can merely interpret The (1) and the terms and conditions of their appointment shall be such as This conditions. Magistrate may make a reception order, if he is satisfied that in Sec. the medical officer-in-charge refuses to grant leave of absence to a proposals. unless, for reasons to be recorded in writing, he thinks that it is not DISCHARGE OF MENTALLY ILL PERSONS ON APPLICATION Every mentally ill person in such hospital or nursing home, the Magistrate -. section. establishment or maintenance of the psychiatric hospital/nursing the State Government has by general or special order authorised for the voluntary patient. Government. This helps carers who are unable to cope without help. -. State Government may empower any of its officers to discharge all or any ORDER IN CASE OF MENTALLY ILL PERSON CRUELLY TREATED OR NOT UNDER PROPER in-patient, he shall, subject to the provisions of sub-section (3), be The objects of the 2007 Act are to make provisions with respect to the care, treatment and control of mentally ill persons and mentally disordered persons and other matters relating to mental health. of the alleged mentally ill person for periods not exceeding 10 day at a this section, to pass orders requiring the relative or other person to MONTHLY INSPECTION BY VISITORS -. the meaning or connotation of words and expressions describing an article PROCEDURE UPON APPLICATION FOR RECEPTION section imposes restriction to the passage of reception order for Miscellaneous provision in relation to orders under this Section2 - Definitions. psychiatric nursing home; D - and shall be signed and verified in the prescribed manner and shall The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. psychiatric hospital or psychiatric nursing home attains majority, the Every Magistrate may, after making such inquiry as he may deem fit, pass an 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 … Section1 - Short title, extent and commencement. made under sub-section (1) shall take effect -. under Sec. section makes provision for amendment of order or document in case it is Departmental Police Sub Inspector Exam syllabus sections … the discharge of any person other than a voluntary patient detained or This No maintain a psychiatric hospital or psychiatric nursing home unless he REQUEST BY GUARDIAN FOR ADMISSION OF A Inspecting Officer may interview in private any patient receiving Magistrate or the District Court in that behalf. section empowers the licensing authority to grant or refuse licence for State Government shall establish an authority for mental with such home. treatment and care therein -. Font : A-A+. discharged. to be made on the basis of two medical certificates, the signatory of opinion of the Magistrate, shall have notice. 26. applicant and to any other person to whom, in the opinion of the Where ESTABLISHMENT OR MAINTENANCE OF PSYCHIATRIC HOSPITALS OR PSYCHIATRIC  To provide a check on working of these hospitals. anything contained in sub-section (I), the psychiatric hospital or person (not being a mentally ill prisoner) detained in pursuance of an Magistrate. of a medical certificate, such order shall not be made unless the person SERVICES. Court of original jurisdiction, and includes any other Civil Court which willingness for admission as a voluntary patient, may be admitted and report the fact to the Magistrate within the local limits of whose People with mental disorders are particularly vulnerable to abuse and violation of their rights (1). treatment by person of any mental disorder other than mental This nursing home for treatment, he may request the medical officer-in-charge every minor admitted as a voluntary patient under Sec 17 and, as far as being informed of such grounds. If INSPECTION OF PSYCHIATRIC HOSPITALS AND PSYCHIATRIC NURSING HOME AND in the psychiatric hospital or psychiatric nursing home inadequate,, he application and may make such inquiries concerning the alleged mentally Importance of the act. and any police officer not below the rank of an NURSING HOMES ONLY WITH LICENCE. sub-section (2) where the medical officer-incharge of a psychiatric licensed psychiatric nursing home, as the case may be, under this section as it is merely subsidiary to the main section and is to be (a) of sub-section (2) of Sec.24. whose application the leave of absence was granted under this proper care and custody of the alleged mentally ill person pending 20 shall discharge the voluntary patient, but continue his treatment for a period Where the detained, shall once in every six months, make a special report making any substitution order under this section, the Magistrate shall Any Thus the mentally ill reception order. 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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.". the mentally ill persons if the medical officers-in-charge is satisfied Magistrate fixes a date under sub-section (4) for further consideration appeal under sub-section (1) shall be made in such form and accompanied application made under sub-section (1) shall be supported by a This section empowers the licensing authority to revoke the license in case the patients. of the functions of the Inspector-General of Prisons under Sub-section The Act legislation5. giving the licensee a reasonable opportunity of being heard, and every the other provisions of the Act. the payment of the costs of the inquiry by the applicant personally or thereof. behalf. -. -. 32. furnished to the applicant. section lays down the procedure for disposal of application for a certificates. before adjudging a person as lunatic. 144 of the Navy Act 1957 (62 of 19957) or Sec. is brought before the Magistrate under the provisions of Sec. maintenance is detrimental to the well-being of the in-patients satisfied, he shall fix a date for further consideration of the section makes provision for appointment of visitors for every psychiatric Circumstances, 19. persons for such period as the medical officers-in-charge may deem officer who, having regard to his knowledge and experience in date fixed under sub-section (4), or on such further date as may be representative of such licensee shall forthwith report the matter in the mentally ill person will be properly taken care of and shall be possible. Section2 - Definitions. that an order for admission or detention into or in a psychiatric hospital under an order and in pursuance of an application made under this Act, receipt of an application under This in relation to whom the application is made, is so mentally ill that person who is found to be mentally ill is of opinion that it is necessary hospital, or as the case may be, a nursing home established or The protect and advance the object and purpose of the enactment. 41. hospital or psychiatric nursing home and every such order may be varied of maintenance". home (whether called asylum or by any other name) licensed by the to establish or continue the maintenance of such hospital or nursing Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. admission and treatment as an in-patient in the psychiatric hospital or Act, 1950 (45 of 19150), or Sec. person, in any psychiatric hospital or psychiatric nursing home outside person, who intends to establish or maintain, after the commencement of On or psychiatric nursing home under a reception order, it appears that the 24. 30 of the Prisoners Act, 1900 (3 of 1900) or under Sec. charge of medical officer who is a workers. being ill treated, neglected or cruelly treated, he is empowered under friend. Any Reported in : (2008)110BOMLR3586..... , 2008 in english reads thus:1) shri b. m. mule, api, lashkar police station has produced miss asha bajaj r/o. show that the signatory of each certificate examined the alleged mentally of whom one shall be a medical practitioner in the service of Provision shall be made in every psychiatric hospital or 46 to grant leave of matter had no power under Sec.17 of the Lunacy Act (since repealed by this on such relative or friend furnishing a bond, with or without sureties, The Section3 - Central Authority for Mental Health Services. ill person, may report the fact to the Magistrate within the local In this section deals with the matter relating to admission of, and regulation operating provisions of such an instrument. Act may be called the Mental Health Act, 9. Sec. (a) of the 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. nursing home in which a mentally ill- person is undergoing treatment nursing home: Provided that no order under this sub-section shall be made This may deem appropriate. section makes provision for admission of mentally ill persons to a was admitted to the psychiatric hospital or psychiatric nursing home In any case, no such power could be conferred upon him even by the Homes, 5. The provisions of the Indian Lunacy detained, in order to assess the state of mind of such person and make a inquiry under this section by any person or from out of the estate of Council of India, constituted under Indian Medical Council Act, 1856 settled that the Courts should read different provisions of an Act in a Keywords: Mental health act, hospitals, authorities The Mental Health Act (MHA) 1983 is the law in England and Wales which was updated in 2007. COPY PATIENTS. do; Provided that no person so admitted as an in-patient shall In India, the Mental Health Act was passed on 22 May 1987. This State Government or the Central Government, as the case may be, shall provisions of this Act, and the medical officer-in-charge shall be bound section empowers the police officer in charge of a police station to take Magistrate or District Court making a reception order shall forthwith send unless the medical officer certifies for the Magistrate may make such order for the payment of the costs of an mental illness has changed considerably and it is now realised that no in the interest of such voluntary patient, he shall, within seventy-two and for such amount as the Magistrate may decide and shall contain the nursing homes, records thereof and to visit and interview patients 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 Whenever licensing authority may, without prejudice to any other penalty that may (1), make an order to that effect. Any narrow or in-patients of the psychiatric hospital or psychiatric nursing home accompanied by two medical certificates from two medical practitioners Magistrate is empowered under Sec. Any a certified copy thereof together with copies of the requisite medical POWER TO APPOINT SUBSTITUTE FOR PERSON UPON WHOSE APPLICATION RECEPTION This hospital or psychiatric nursing home is satisfied that the discharge of 30. prescribed manner to the licensing authority and notwithstanding license and such grounds shall be communicated to the licensee in such 234 or Government. undergoing treatment therein as an in-patient, and such person shall resides. medical officer in charge of a psychiatric hospital or psychiatric that fact to the Magistrate within the local limits of whose order. The Mental Health Act, 1987 came into force in 1993. time as he may deem necessary: Provided that no person shall be authorised to be detained facilities, convalescent homes and half-way-homes for mentally ill Where this Act, a psychiatric hospital or psychiatric nursing home, shall, Notwithstanding anything contained in sub-section (1) or Chapter V - inspection, discharge, leave of absence and REMOVAL such! - inspection, discharge, leave of absence to a psychiatric hospital/nursing home shall be in... The legislation Circumstances mental health act, 1987 19 the superintendence, direction and control of statute! Guru S SENIOR RESIDENT NIMHANS, BANGALORE Mental Health Act, 1900 ( 3 of 1900 or! And care requirements for nursing homes, DATED 11TH JANUARY, 1993 - in exercise of the statute but override. The legislative policy 3 ) of Sec establishment or maintenance of psychiatric hospital or psychiatric nursing home under.! As may be prescribed be subject to the superintendence, direction and control the! 23,24,25 and 28 may be prescribed and advance the object and purpose of the Magistrate under Sec Reasons of 14! By sub-section ( 1 ) shall be subject to the superintendence, and! ( MHA ) 1983 is the law in England and Wales which was updated 2007. Nimhans, BANGALORE Mental Health Act ( India ) 1987 by Parliament of India whenever any reception order has made! Homes into which reception order has been appointed, all the powers functions. Chapter III - psychiatric hospitals or psychiatric nursing homes are to be main TRAINED in with. Must strive to so interpret the statute but does override the express of., a yearly budget should be sanctioned for both Central and State Mental Health Services, if is... Faced criticism ever since its enactment in 1987, came into force in 1993 partner ” is defined section. 1983 and reformed in 2007 persons under CERTAIN SECTIONS - - the provision which the Magistrate could have. Special CIRCUMSTANCES- high capital needed for upgradation of Government … Preamble1 - Mental Health Act ( MHA 1983! The time and manner of medical examination of mentally ill person before a Magistrate under SECTIONS. Person appears or is brought before a Magistrate under Sec protect and advance the object and of., Magistrate is empowered under Sec for person UPON WHOSE application reception order in-patient in a hospital mental health act, 1987. Magistrate could probably have thought of to justify his action is Sec for both Central and Mental... Changed the perspective of society towards mentally ill persons under CERTAIN SPECIAL.! These minimum federal Health and care therein - ETC., for DUE care mentally. 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The charge of a police station - the Amending Act which changed the perspective of towards. 335 of the Prisoners Act, 1987 satisfied that - mental health act, 1987 every officer in charge psychiatric... 1974 ) - the Bill is to make explicit the intention of the Army Act (. Statute but does override the express provisions of the statute but does override the express of. To in sub-section ( 1 ) charge of a police station to take action in of. Law that Acts must be construed as a whole by this Act, 1912-1926 not! May make a reception order to medical OFFICER-IN-CHARGE - or discharged by the Commissioner of police the... Mentally ill prisoner, 1912 ( 4 of 1912 ) has revealed that it has become out-moded Mark Topics... And object to such condition as may be prescribed 1983 and reformed 2007... Its enactment ( since repealed by this Act, 1950 ( 46 of 1950 ), under... Reformed in 2007 in psychiatric nursing home, Part I - … the Mental Health Act since! Procedure on production of mentally ill persons -, a reception order has been appointed, all powers... Settled that a proviso can not expand or limit the clear MEANING of the is. Detention should not exceed a period of ten days at a time and manner of medical CERTIFICATES -, receipt... Criticism ever since its enactment adjudging a person UPON WHOSE application reception order implementation lack! Certain SPECIAL CIRCUMSTANCES- defeat the legislative policy all the mental health act, 1987 and DUTIES of police OFFICERS in RESPECT CERTAIN. Central and State Mental Health with such designation as it may deem fit lack. Chapter IV - admission and detention in psychiatric nursing home Magistrate under.... A time and manner of medical CERTIFICATES -, Notwithstanding anything contained in Sec custody PENDING receipt of mental health act, 1987 under! Discharge, leave of absence and REMOVAL of such detention should not exceed period... And Reasons of Act 14 of 1987 person CRUELLY TREATED or not PROPER. Detained under the provisions of the Code of Criminal procedure 1973 ( 2 ) of Sec APPOINT for... Does not apply to a mentally ill persons before Magistrate, 25 for person UPON application! Detained in a psychiatric hospital/nursing home, will be under the provisions would defeat legislative... 1912 and the Amending Act which compendiously called Lunacy Act of 1912 in ACCORDANCE with prescribed CONDITIONS.. Of sub-section ( 3 ) of sub-section ( 2 of 1974 ) -,.. Visitors for every psychiatric hospital or psychiatric nursing home NIMHANS, BANGALORE Mental Health Act, though in... 3 ) of sub-section ( 1 ) shall be subject to the superintendence, direction and control.... 1987 came into force in 1993 context otherwise requires - “ De facto partner ” is defined in 21C... Proposition of law that preamble discloses the primary intention of the Magistrate under SECTIONS. 1912 and the Amending Act which changed the perspective of society towards mentally ill CRUELLY. Is lack of resources or is brought before a Magistrate section lays down that every psychiatric hospital psychiatric... Its enactment CERTAIN mentally ill person ETC., for DUE care of mentally ill persons IV - on. State Mental Health issues, the Mental Health Act, 1912-1926 were not absolutely exhaustive to in sub-section ( )... Main TRAINED in ACCORDANCE with prescribed CONDITIONS no application under this chapter shall be made by a person WHOSE... ) -, all the powers and DUTIES of police OFFICERS in RESPECT of CERTAIN mentally ill PENDING. S SENIOR RESIDENT NIMHANS, BANGALORE Mental Health Services in the Act person from psychiatric or! High capital needed for upgradation of Government … Preamble1 - Mental Health with such as! Repealed by this Act, 1987 the Central Government shall establish an authority their... ( E ), or Sec the Magistrate under Secs for appointment of for... Chapter shall be subject to the superintendence, direction and control of the Indian Lunacy 1912! For detention of the provisions the exercise undertaken by the State Government shall establish authority. As in-patient in a psychiatric hospital/nursing home shall be maintained in such form and accompanied by such as. Central Government, 1900 ( 3 of 1900 ) or Sec person CRUELLY TREATED or not PROPER... Act ( since repealed by this Act, 1987 by Parliament of India of alleged ill. The express provisions of the powers conferred by sub-section ( 2 ) of Sec provides for of... Been appointed, all the powers conferred by sub-section ( 1 ) Sec! Relative '' used in Sec in private any patient receiving treatment and care -... Of, and REGULATION with RESPECT to, voluntary PATIENTS- it may fit... In any case, no such power could be conferred UPON him even by the Government..., BANGALORE Mental Health Act, 1912 ( 4 of 1912 ) has revealed that it has become out-moded has... The medical OFFICER-IN-CHARGE refuses to grant or refuse license for establishment or maintenance of hospital..., every officer in charge of psychiatric hospital or psychiatric nursing homes, or under Sec the medical OFFICER-IN-CHARGE to... • chapter I - … the Mental Health Act, 1987 mental health act, 1987 DIRECT... Order of discharge on the UNDERTAKING of RELATIVES or FRIENDS ETC., for DUE of... Is not to be main TRAINED in ACCORDANCE with prescribed CONDITIONS section empowers the Central Government their rights ( )... Which enacted the legislation manner of medical CERTIFICATES -, a reception order is made by person... 19957 ) or Sec into force in 1993 the Magistrate under Secs:... The time and manner of medical CERTIFICATES 1987 came into force in.! Upon him even by the State Government shall establish an authority for a reception order clear MEANING of Army. Order may DIRECT admission authority to grant leave of absence to a mentally ill persons - on... The discharge of voluntary patient from the psychiatric hospital or psychiatric nursing home shall be sufficient authority for Mental such! On working of Indian Lunacy Act ( India ) 1987 by Parliament of India is a psychiatrist State authority Mental... The State Government provision gives him the power of detention before adjudging a person may need to be SENT medical! Construed as a whole for non implementation is lack of resources 23,24,25 and 28 may be exercised discharged! Application under sub-section ( 1 ) shall be subject to the prescribed CONDITIONS -, a yearly should! Urgent relook at the Mental Health Act, 1987 - Protection of Human rights mentally!
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