On Monday March 27,2017, the Lok Sabha passed a major reform: the new Mental Healthcare Bill, 2016, that decriminalises suicide and bans the use of shock treatment on children suffering from mental illnesses.
The bill also provides for mental healthcare and services for persons with mental illness suffering from mental illnesses.
The new bill considers a person to be committing suicide only in extreme stress, which therefore means that the action was triggered by severe stress.
‘Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code,’ says the bill.
It defines mental illness as ‘a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgement, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs.’
The Union Health Minister, JP Nadda, while presenting the bill in the Lower House of the Parliament last year had said that Nearly 1%-2% of the country’s population suffered from severe mental disorders such as “schizophrenia and bipolar disorder and nearly 5% of the population has suffered from depression and anxiety at the end of 2005".
The new Mental Healthcare Bill 2016 gives a right to everyone to access mental healthcare treatment for mental health services that are run by the government. The new bill also guarantees free treatment for people suffering from mental treatment in case they cannot afford the cost. Even in cases where the patients may not possess a Below Poverty Line (BPL) card.
The bill, which has already been passed by Rajya Sabha in August 2016, has now secured the full approval of the Parliament, and is only waiting for the President’s assent.
While completely prohibiting electric therapy from being used on children suffering from mental illnesses, it allows the treatment on adults only after seeking their ‘informed consent’. But even in this case the shock therapy will only be given after administering the patients with anesthesia and muscle relaxants.
The new Bill provides for ensuring healthcare, treatment and rehabilitation of persons with mental illness “in a manner that does not intrude on their rights and dignity”.
The provisions under the Mental Healthcare Bill
1. Rights of persons with mental illness: This provision states that every person will have the right to access mental healthcare from services which are operated or funded by the government. It also includes good quality, easy and affordable access to services. It also provides for the right to equality of treatment, seeks to protect such persons from inhuman treatment, access to free legal services, their medical records, and the right to complain in the event of regarding deficiencies in provisions.
2. Advance Directive: This provision empowers a mentally-ill person to have the right to make an advance directive that explains how she/he wants to be treated for the requisite illness and who her/his nominated representative shall be. This directive has to be vetted by a medical practitioner.
3. Mental Health Establishments: This provision states that every mental health establishment has to be registered with the respective Central or State Mental Health Authority. For registration, the concerned establishment needs to fulfill different criteria as mentioned in the Bill.
4. The bill also outlines the procedure and process for admission, treatment and subsequent discharge of mentally ill persons.
5. Mental Health Review Commission and Board: This is a quasi-judicial body responsible for reviewing procedure for making advance directives. It will also advise the government on the protection of mentally ill persons’ rights. It further states that the body in agreement with the state governments constitute Mental Health Review Boards in states’ districts.
6. Decriminalising suicide and prohibiting electro-convulsive therapy: The most notable of all is this provision effectively decriminalises suicide attempt under the Indian Penal Code by mentally ill persons by making it non-punishable. Electro-convulsive therapy, which is allowed only with the use of anaesthesia, is however out of bounds for minors.
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