Central and State Mental Health Authority: These are administrative bodies are required to (a) register, supervise and maintain a register of all mental health establishments, (b) develop quality and service provision norms for such establishments, (c) maintain a register of mental health professionals, (d) train law enforcement officials and mental health professionals on the provisions of the Act, (e) receive complaints about deficiencies in provision of services, and (f) advise the government on matters relating to mental health.
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“We all know that earlier a person would be admitted just by saying that he is not well, but not anymore”, he said, adding that now mental illness is clearly defined and what treatment would the patient be given is also mentioned.
Mental Health/ Illness in India has always lacked awareness, understanding and nuanced perspective and the discourse on it has mostly been driven by Psychiatrists and other medical practitioners. Since I have gone through all the roles in my life, it was hard for me to understand why we were quarreling so much – let’s be clear, the more fragmented we are within our movements, we give leeway to the government to divide us further. It also provides the framework for India’s association with the United Nations Convention on the Rights of Persons with Disabilities. “Special provisions for women’s health have also been provided for in the Bill”. From the definition of mental illness to the various provisions in it, it is evident that the Bill does not take into account factors such as poverty, the immediate environment of the individuals and other socio – cultural factors which affect an individual’s mental health. The Commission shall with the concurrence of the state governments, constitute Mental Health Review Boards in the districts of a state. The stigma associated with seeking help for Mental Health needs to be obliterated. One does not have someone to turn to share the issues surrounding care-giving entails. The decriminalization of suicide is a positive step and there’s option for advanced directives where patients can choose what kind of treatment they want.
The most important issue that I find we are missing is that in our country we do not have specific law on Right to Health. Among its various objectives, the bill aims to ensure that the treatment and rehabilitation of people with mental illness is carried out “in a manner that does not intrude on their rights and dignity”. Though this was proposed a few years ago and was put up in the Ministry’s website, the idea was completely forsaken for reasons unknown. For natural reasons mental illness is a component of both of them.
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As of now, a person who attempts to commit suicide is charged under section 309 of IPC as it is considered to be an offence. But we do not have much hope to achieve this ideal situation as “Divide & Rule” policy seems to please everyone.
