Mental health act drafted in 1987 and came into india in 1993. It includes need, objectives, act etc. it includes 10 chapters and mental health care act 2017 included.

2. MENTAL HEALTH ACT
PRESENTED BY: PREETI SHARMA
MSC(N) IST YEAR

3. INTRODUCTION
Indian mental health act (MHA) was drafted by the
parliament in 1987, but it came into effect in all the states
and union territories of India in April 1993. This act
replaces the Indian lunacy Act of 1912. The Indian mental
health act is derived from mental health act of England and
Wales.

4. NEED
• To change the attitude of the society towards the
mentally ill & considerably realized that no stigma
should be attached to such illness.
• Every mentally ill individual has the right to be treated like
others sick people.
• To modify the act according to the rapid advancement of
medical science and the understanding.

5. OBJECTIVES OF THE MENTAL HEALTH ACT
• To regulate the power of the government for establishing,
licensing and controlling psychiatric hospital / nursing homes.
• To provide legal aid mentally ill persons at state expense in
certain cases.
• To protect citizens from being detained in psychiatric
hospital / nursing homes without sufficient cases
• Central and state authorities for mental health services.
• To regulate maintenance charges of psychiatric
hospitals/nursing homes
• To protect society from the presence of mentally ill persons.

6. Act
The act is divided into 10 chapters consisting of 98
sections.

7. CHAPTER I
Preliminary information
It contains definition included :-
• Psychiatric hospital/nursing homes :-
A hospital/ nursing home established or maintained by the
government or any other person for the case of mentally ill
persons.
• Mentally ill person :- A person who is in need of treatment
by reason of any mental disorder other than mental
retardation.

8. Contd..
• Psychiatrist –a medical practitioner possessing
postgraduate degree or diploma in psychiatry recognized by
the MCI (medical council of India)
• Reception order:-
An order made under the provision of this Act for the
admission and detention of mentally ill person in a
psychiatric hospital / nursing home.

9. Outdated definition are changed
based on current knowledge
Old term
Lunatic
asylum
Criminal lunatic
New term
mentally ill person
psychiatric hospital
mentally ill prisoner

10. Chapter II
It deals with establishment of central & state authorities for
regulation and co- ordination of mental health services.

11. Chapter III
It provides guidelines for establishment and maintenance of
psychiatric hospital/nursing home.

12. Chapter IV
It deals with the procedure for admission and detention in
psychiatric Hospital/nursing homes.

13. Admission on voluntary basis
Request by a major/ guardian of the minor for admission to medical officer
Medical officer makes enquires within 24 hrs
If the medical officer is satisfied for admission
Voluntary admission is made

14. Admission under special circumstances (Involuntary)
Patient is unwilling or unable to make a request for admission ,
a relative /friend makes an application to the medical officer on
behalf of the patient
Medical officer makes enquires within 24hours
If the medical officer is satisfied for admission
Involuntary admission is made

15. Admission under reception order
- Only a relative not other than husband, wife, guardian or a friend
can make out an application for the admission of a mentally ill
patient.
- Such an application should be made out to the magistrate in
writing supported by two medical certificates, one of them
issued by a gazette medical officer.

16. Admission in emergencies
- The medical officer in-charge may order the admission of a
mentally ill patient if he thinks he is dangerous to himself or
others.
 - However the patient should be produced before the
magistrate within 24hours (maximum time limit is 72hours,
which is exclusive of the examination period), or the
magistrate himself may visit the psychiatric hospital/ nursing
home and pass reception order on examination.

17. Chapter V
Discharge procedure to be followed for a mental hospital under
different circumstances
Discharge procedure
Voluntary discharge
under sec 18
Discharge under
special admission sec
19
Discharge in respect of
admission due to an
order of an authority
in all five types

18. Discharge of a patient admitted
on voluntary basis
Medical officer in-charge of psychiatric hospital /nursing
home on recommendation from two medical practitioner
preferably a psychiatrist, can issue directions for discharge of
the patient.

19. Discharge of patient admitted
under special circumstances
• Relative or a friend may be make an application to the
medical officer for care and custody of the patient.
• Relative are required to furnish a bond with or without
sureties , along with an undertaking that the mentally ill
person shall be prevented from causing injury to self or
others

20. Discharge of a patient admitted
on reception order
Application
A certificate from medical
officer –in charge of
psychiatric hospital
/nursing home
A magistrate issues an order
if patient is fit for
discharge

21. Discharge of a patient admitted by
police
If police detain the mentally ill individual in hospital ,
he may be discharged after the family members agree in
writing to take proper care that he is fit to be discharged .

22. Discharge of a mentally ill
Prisoner
• Hospital authorities have to report every 6 months about the
persons state of mind to the authority , which had ordered
detention
• As soon the client is fit to stand in trial , they have to inform
about the same to the authority concerned .
• Person then hand over to the prison officer for further legal
action.

23. Chapter VI
• It deals with judicial enquiry regarding mentally ill persons
possessing property, their custody and management of
property.
• A guardian may be appointed by court of law on behalf of an
alleged mentally ill person incapable of looking after self and
property.

24. Chapter VII
• It Deals with ways and means to meet the lost of maintenance
of mentally ill persons detained in psychiatric hospital.

25. Chapter VIII
It is the latest addition to the Act, which provides for the
protection of human rights of mentally ill person. These rights
include:
• No mentally ill person shall be subjected during treatment to
any indignity (physical or mental) or cruelty.
•No letter or communication sent by or to a mentally ill person
shall be intercepted, detained or destroyed.

26. Contd..
3. No mentally ill person under treatment shall be used for
purpose of research unless:-
• Such research is of direct benefit to him
• A consent has been obtained in writing from the person (in
voluntary admission) or from the guardian/ relative (if
admission was involuntary)

27. Chapter IX
It Deals with procedure to be followed for the establishment and
maintenance of psychiatric hospital and penalties which can be
relatively severe and explicit for containing them.

28. Chapter X
• It deals with clarification pertaining to certain procedures to
be followed the medical officer –in-charge of the
psychiatric hospital / nursing home.

29. MENTAL HEALTH CARE ACT 2017

30. Chapter-I
 It contains only basic definitions.
Special Features:
 It defines clearly the mental illness.
 It includes the POST GRADUATE AYUSH doctors
 as mental health professional.

31. CHAPTER-II
 Mental illness and capacity to make mental healthcare and
treatment decisions without any discrimination.

32. CHAPTER-III
 It deals with the Advance directives.
Features:
It empowers the patient to choose his/her treatment and appoint
a representative to take decision on behalf of patient.
If patient is minor, his/ her parent or care giver will act as
representative.
It will not be applicable At the time of emergency.

33. CHAPTER-IV
 Guidelines of choosing Nominated Representative.
CHAPTER-V
 It consists of Various Rights of mentally ill person.
CHAPTER- VI
 It gives direction to the government to implement the programme.

34. CHAPTER-VII
 Gives provisions of forming Central Mental health authority.
CHAPTER-VIII
 Gives provisions of forming State Mental health authority.
CHAPTER IX
 Finance, accounts and audit.

35. CHAPTER X
 Mental health establishments
Every mental healthcare institution should be registered .
Establishment of new improvised institutions.

36. CHAPTER-XI
 Constitution of Mental Health Review Boards.
 Every state has to form a review board which is consist of:
A district judge as chair person of board.
two members of whom one shall be a psychiatrist and the
other shall be a medical practitioner.
two members who shall be persons with mental illness or
caregivers
or persons representing organizations of persons with mental illness

37. CHAPTER-XII
 Admission, treatment and discharge
CHAPTER-XIII
Duties of police officers in respect to mentally ill person.
It is the duty of police to give protection to any mentally ill
person wandering outside in the area of police station.
Arrangement of need of person.

38. CHAPTER-XIV
 It restricts unauthorized duty and medication.
CHAPTER-XV
 It deals with penalty and punishment.
Unauthorized institutions will be punished 5000-50000for 1st
time, upto 2 lakhs for 2nd time.
Any person who do the work against the Act, are liable to give
upto ten thousand rupees or six months of jail or both.

39. CHAPTER-XVI
 MISCELLANEOUS
o Power of Central Government to issue directions.
o Special provisions for States in north-east and hill States

40. Conclusion
The Indian mental health Act (MHA) was drafted by the
parliament to change the attitude of the society towards the
mentally ill. In the advancement of medical science it has
become necessary to make fresh legislation in accordance
with the new approach.