MENTAL HEALTH

ACT.PRESENTED BY

DEBLINA ROYMS.c (n)1st yr.

INTRODUCTION

Law comes in contact with psychiatry at many

points; for example, admission of a mentally ill person in a mental hospital.

THE INDIAN LUNACY ACT, 1912(ILA)

After a careful consideration of all details by a Select Committee the bill was passed as the Indian Lunacy Act, 1912.

The ILA had 8 chapter. The lunacy act of England have 10 chapter which are applicable for whole of the country.

CHAPTER I

The definitions of the of “India” the asylum, medical practitioner and the lunatic.

Who Will Judge Them , What Will Be The Care For Them and After The Court Order Who Will Be

Responsible For Their Property And Belongings.

CHAPTER II

Reception of Lunatics.( Like no person other than criminal

lunatic or a lunatic ,so found by inquisition shall be received or detained in an asylum without a reception order save as provided by sections 8, 16 and 98 )

COMPONENT OF CHAPTER 2.

Procedure upon petition for reception order.

Detention of lunatic pending enquiry. Consideration of petition Order. Further provisions as to reception

orders on petition. Power to appoint substitute for the

person upon whose application a

CONT… Reception order has been made. Reception order in case of lunatics from

foreign States in India. Reception order in case of wandering

and dangerous lunatics. Detention of alleged lunatic, pending

report by medical officer. Reception and detention of criminal lunatics

CHAPTER III

. care

visitortreatment

COMPONENT1. Appointment of visitors.—(1) The

1[State Government] shall appoint for every

Asylum not less than three visitors, one of whom at least shall be a medical officer.

The Inspect or-General of Prisons (where such office exists) shall be a visitor exofficio of all the asylums within the limits of his jurisdiction.

Monthly inspection by visitors.

CONTD… Inspection of criminal lunatics by Inspector-

General or visitors Discharge of lunatics Order of discharge from asylum by

visitors. Discharge of lunatics in other cases and of

European military lunatics. Removal of lunatic Escape and re-capture

CHAPTER IV

Proceedings in Lunacy in Presidency-towns: The courts having jurisdiction under High

Courts of Judicature at Fort William, Madras and Bombay.

Judicial powers over person and estate of lunatic.

Management and administration Power to dispose of lunatic's property for

certain purposes. Vesting orders Power to order transfer of stock belonging

to lunatic in certain cases.

CHAPTER V

Proceedings in Lunacy outside Presidency-towns

Inquisition: District Court and finding thereon Custody and management. Power to direct Collector Power to District Court to appoint guardian and

manager. Relative may sue for an account. Proceedings in lunacy to cease or to be set aside

if the court finds that the unsoundness of mind has ceased.

CHAPTER VI

•State Government may establish or licence the establishment of asylums. –•Power to cancel licence if provision for curative treatment is insufficient.•Provision for admission of lunatics in asylums outside a State.

Establishment of

Asylums:

CHAPTER VII

Expenses of Lunatics Cost of maintenance by Government. Application of property in the possession

of a lunatic found wandering. Application to Civil Court for order for

the payment of cost of maintenance out

CHAPTER VIII

RulesPower of State

Government to make rules.

Penalty for improper reception or detention

of lunatics

Power to give effect to warrants and orders of

certain Courts outside India.

Ranchi European Mental Hospital[Repealed by the

A. L. O, 1950].

MENTAL HEALTH ACT. Before 1912 no comprehensive law was

present in India for mentally ill individuals then called Lunatics.

At about the same time (1913) almost same law was promulgated in England.

India acted a bit earlier and promulgated new law in 1987 replacing the old one.

INTRODUCTIONThe mental health bill became the Act14 of 1987 on 22may 1987.

The Act came in force with effect from April1,1993 in all the states and union territories in India.

The Act is divided into 10 Chapters consisting of 98 Sections

CHAPTER IDefinitions. The Act uses the term Mentally ill

person instead of a Lunatic. The term mentally ill prisoner is used

instead of a criminal Lunatic. Psychiatric Hospitals rather than Mental

Hospitals.

CHAPTER II Guidelines for establishing Mental

Health Authorities at central and state level.

These authorities will regulate and coordinate the mental health facilities under the State and Central government respectively

CHAPTER III Guidelines for the establishment and the

maintenance of the Psychiatric hospitals and nursing homes.

Licensing Authority valid license , Renewed every 5 years. Inspecting officer

CONT….There is a provision of separate hospitals for those under the

age of 16 years. Those addicted to Alcohol and other

drugs which lead to behavioral changes. Mentally Ill prisoners. Any other prescribed class or category.

CHAPTER IV Procedure of admission Voluntary Admission. By the patient’s request if he is a major . By the Gaurdian if a minor ( new

Provision) Admission Under special Circumstances. This is an involuntary hospitalization

(cannot exceed 90 Days)

CONT… Reception order on application. Reception order without application , on

production of mentally ill person. (wandering, ill-treated, dangerous,

neglected mentally-ill person.)before the magistrate.

Admission in inpatient after judicial inquisition.

Admission as a mentally ill prisoner. Magistrate order.

CHAPTER V

Discharge

Inspection

Leave of absence

Removal of mentally ill persons

CHAPTER VI Judicial inquisition regarding : Alleged mentally ill person, Possessing property , Custody of his person and The management of his property. A guardian& manager may be appointed

by the court.

CHAPTER VII

Liability to meet the cost of maintenance of the mentally ill persons admitted in the psychiatric hospital or nursing homes.

CHAPTER VIIIAimed for the protection of the human rights. No mentally ill shall be subjected , during

treatment ,to any indignity(whether physical or mental) or cruelty.

No mentally ill person, under treatment shall be used for the purpose of research , unless Such research is of direct benefit to him.

A consent has been obtained in writing from the person(if a voluntary patient) or from the guardian /relative (if admitted involuntarily)

No letter or communication sent by or to a mentally ill person shall be intercepted, detained or destroyed.

CHAPTER IX penalties and the procedure of the

mentally ill person . states the various rules for detention

and the mentally ill prisoners and their trials.

CHAPTER X Miscellaneous section: In addition the state mental health rules

, 1990( which all contain the none important forms required by the mental health Act. 1987) and the central mental health authority rules , 1990, have also passed by the Government of India o December 29,1990.

 

CONCLUSION There is a very important role of law in

the management, treatment and care of the mentally ill person

SUMMARY

REFRRENCES Ahuja N.A SHORT TEXT BOOK OF PSYCHIATRY. 6th

. edition. Jaypee brothers medical . publishers;New Delhi,2006.Pp-244-50.

Mental Health Act, 1987 with short notes (1987), Lucknow Eastern Book Company.

Sharma, S. D. (1990) Mental Hospitals in India New Delhi, Directorate General of Health Services.Pp 53-60

Somasundaram, O. (1987) The back ground of Indian Lunacy Act, 1912. Indian Journal of Psychiatry, 29, 3-14.

Trivedi, J. K. (2002) The Mental Health Legislation: An ongoing debate (editorial) Indian Journal of Psychiatry, 44(2), 95-96.