Health LawINDIAN MENTAL HEALTH ACT, 1987

2Purpose The purpose of this act is to provide regulation of

the establishment and working of a psychiatric hospital for the purpose of providing proper treatment and care to mentally ill person.

The act repeals Indian Lunacy Act, 1912 and the Lunacy Act, 1977 (Jammu and Kashmir Act 25 of 1977)

3Authorities Central Authority: establish an authority , with such

designation as it may deem fit.

State Authority: establish an authority , with such designation as it may deem fit.The authority shall:o be in charge of regulation, development and co-ordination

with respect to mental health service.o Supervise psychiatric hospitals, nursing homes, mental

health service agencies.o Advice state govt. on the matters relating to mental health.

4Establishment & Maintenance The central govt. may, in any part of India and the

state govt. may, within its jurisdiction may establish or maintain psychiatric hospital or psychiatric nursing home for:

a) Those who are under the age of 16 years.b) Those who are addicted to alcohol or other drugs.c) Those who have convicted of ant offence.d) Those belonging to such other or category of persons as

may be prescribed.

5 On and after commencement of this act any person who

establishes or maintain a psychiatric hospital or nursing home shall be holding a licence provided by the state govt. or central govt., renewal shall be made at least before a month of expiration of such licence.

Nothing contained in sub-section (1) shall apply to psychiatric hospital or nursing homes maintained by central govt. or state govt.

Application for licence:Any person-holds valid licence-shall apply for the licence to establish or maintain a psychiatric hospital or nursing home after the expiry of such period.

6Grant or Refusal of Licence

The licensing authority shall make inquiries and where it satisfied that:1) the establishment or continuance of psychiatric hospital or

nursing home is necessary.2) The applicant is in position to provide minimum facilities3) The hospital will be under the charge of medical officer

who is psychiatrist.

7Duration and Renewal of Licence A licence shall not be transferable or heritable. Where the licence is unable to function due to licence dies or

licensee dies or the case may be, legal representative of such licensee shall forthwith the matter in prescribed manner, so the hospital may deemed to be continue to be maintained and shall be a licensed nursing home as the case may be:1. For the period of three months from the date of such report or

from the date of the death of the licensee.2. Application for the licence is pending, till the disposal of such

application.3. A licence may be renewed from time to time , in such fees

prescribed and every such application shall be made not less than one year before the date on which licence is to expire.

8Revocation of Licence

The licensing authority may revoke the licence if it is satisfied that:1. The psychiatric hospital or psychiatric nursing home is

not being maintained by licensee in accordance with the provisions of the act or the rules made there under.

2. The maintenance of hospital is carried on in a manner detrimental to the moral, mental or physical well-being of other in-patients thereof.

9Appeal

Any person aggrieved by an order of the licensing authority refusing to grant or renew a licence, or revoking a licence may in prescribed time and manner appeal to the state government.

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Inspection of Psychiatric Hospitals/ Nursing Homes/ Visiting Patients An inspecting officer may, at any time, enter and

inspect any psychiatric hospital and require the production of any records which are required to be kept in accordance with the rules made on this behalf.

Where the inspecting officer is satisfied that any in-patient is not getting proper treatment, he may report the matter to the licensing authority and thereupon the licensing authority may issue such directions as it may deem fit to the medical officer in charge.

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Admission of mentally-ill person under special circumstances Any mentally-ill person who does not, or is unable

to, express his willingness for admission as a voluntary patient, may be admitted and kept as an in-patient in a psychiatric nursing hospital or psychiatric nursing home on an application made on that behalf by a relative or a friend of the mentally-ill person if the medical officer-in-charge is satisfied that in the interest of the mentally-ill persons it is necessary to do so.

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Order of Discharge by Medical Officer In-charge

The medical officer-in-charge, on recommendation of two medical practitioners one of whom shall preferably be a psychiatrist, by order in writing, direct the discharge of any person other than a voluntary patient.

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Discharge of a person on his Request

Any person (not being a mentally-ill prisoner) detained in pursuance of an order made under this act who feels that he has recovered from his mental illness, may make an application to the magistrate, where necessary under the provisions of this act, for his discharge from psychiatric hospital or psychiatric nursing home.

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Protection of Human Rights of a Mentally-ill person No mentally-ill person shall be subjected during

treatment to any indignity or cruelty.

No mentally-ill person shall be used for purpose of research unless: a) the research is directly beneficiary to him. b) such patient being a voluntary patient has given his consent in writing, or is he is incompetent to give consent the consent by guardian of the person on his behalf.

No letters or other communications sent by or to the mentally-ill person shall be intercepted, detained or destroyed.

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Penalties and Procedures Any person who establishes or maintain a hospital in

contravention of the provisions in Chapter III shall, on conviction be punishable with, imprisonment of the term of three months, or fine which may extend to two hundred rupees or both. In case of second or subsequent offence imprisonment – six months, fine- thousand rupees or both.

Whoever after conviction under sub section (1) continues to maintain hospital, in contravention of the provisions in Chapter III shall, on conviction be punishable with fine which may extend to 100rs., for every day after which the contravention is continued.

Any person- receives, detains mentally-ill person- otherwise than in accordance with the provisions of this act- punishable- imprisonment: two years or Fine: one thousand rupees or both.

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Any manager appointed to manage the property of mentally-ill person contravenes the provisions of section 60 or sub section (2) of section 69, shall on conviction punishable with Fine: two thousand rupees and may be detained in civil prison till he complies with the said provisions.

Any person contravenes any section of this act for which no penalty is specified on the conviction punishable with Imprisonment: six months or fine: five hundred rupees or both.

Where an offence is committed by a company, every person who at the time of the offence , was in charge of and was responsible to the offence of the company. If any person proves that the offence was done without his knowledge or consent he can be freed from the offence.