Salient features of the act:
- Definition:
- It defines “mental illness” as a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life.
- It does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence.
- Rights of persons with mental illness:
- IT also assures free treatment for such persons if they are homeless or belong to Below Poverty Line, even if they do not possess a BPL card.
- A person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment and physical healthcare.
- Advance Directive: A person with mental illness shall have the right to make an advance directive that states how he/she wants to be treated for the illness and who his/her nominated representative shall be. The advance directive should be certified by a medical practitioner or registered with the Mental Health Board.
- Mental Health Authority: it empowers the government to set-up Central Mental Health Authority at national-level and State Mental Health Authority in every State. Every mental health institute and mental health practitioners will have to be registered with this Authority.
- Mental Health Review Board: A Mental Health Review Board will be constituted to protect the rights of persons with mental illness and manage advance directives.
- Mental Health treatment:
- A person with mental illness shall not be subjected to electro-convulsive therapy without the use of muscle relaxants and anaesthesia. Also, electro-convulsive therapy will not be performed for minors.
- They shall not be chained in any manner or form whatsoever under any circumstances.
- Suicide is decriminalised: A person who attempts suicide shall be presumed to be suffering from mental illness at that time and will not be punished under the Indian Penal Code.
