The Mental Health Care Bill stands as a pivotal milestone in the realm of public health legislation, aiming to address the often overlooked yet profoundly impactful domain of mental health. Encompassing a comprehensive framework, this bill is designed to safeguard the rights of individuals grappling with mental health challenges while simultaneously enhancing access to essential care and support services. Rooted in the ethos of compassion and equity, it endeavors to destigmatize mental illness, foster awareness, and establish mechanisms for effective intervention and treatment. Through its provisions, the bill seeks to forge a society that prioritizes the holistic well-being of its citizens, recognizing mental health as an indispensable facet of overall health and prosperity.
Status in India:
- Approximately 6-7% of the Indian population is estimated to suffer from mental disorders.
- According to the World Health Organization (WHO), the burden of mental health problems in India translates to 2443 disability-adjusted life years (DALYs) per 100,000 population.
- The age-adjusted suicide rate per 100,000 population is 21.1, and the economic loss due to mental health conditions from 2012 to 2030 is estimated at USD 1.03 trillion.
Status at Global level:
- The World Bank reports that nearly 1 billion people worldwide live with a mental disorder, and in low-income countries, more than 75% of individuals with the disorder do not receive treatment.
- Every 40 seconds, a person dies by suicide, and approximately 50% of mental health disorders manifest by the age of 14.
- According to WHO, depression ranks among the leading causes of disability, and suicide stands as the fourth leading cause of death among 15-29-year-olds.
- Individuals with mental illnesses may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD).
- In 2022, WHO launched the World Mental Health Report: Transforming Mental Health for All, emphasizing the global importance of mental health.
- Mental health is incorporated into the Sustainable Development Goals.
Mental Health Care Act 2017:
The Mental Health Care Act of 2017 encompasses various provisions aimed at safeguarding the rights and well-being of individuals facing mental health challenges. Key components of the act include:
1. Definition of Mental Illness:
- Mental illness is defined as a significant disorder affecting thinking, mood, perception, orientation, or memory, leading to a substantial impairment of judgment, behavior, the capacity to recognize reality, or the ability to meet the ordinary demands of life. This definition extends to mental conditions associated with the abuse of alcohol and drugs.
2. Rights Under the Mental Health Act (MHA):
- Right to Make an Advance Directive: Individuals have the right to create an advance directive, allowing them to specify their treatment preferences during a mental health crisis.
- Right to Access Healthcare Services: Patients are entitled to access facilities providing rehabilitation services across hospital, community, and home settings, as well as sheltered and supported accommodation.
- Right to Free Healthcare Services: Individuals have the right to receive mental healthcare services free of cost.
- Right to Live in a Community: Patients have the right to live in a community setting.
- Protection from Cruel Treatment: The act ensures the right to protection from cruel, inhuman, and degrading treatment.
- Prohibition of Certain Treatments: Individuals have the right not to be subjected to prohibited treatments.
- Right to Equality and Non-Discrimination: The act upholds the right to equality and non-discrimination.
- Right to Information and Confidentiality: Patients have the right to information and confidentiality of their mental health records.
- Right to Legal Aid and Complaint: The act guarantees the right to legal aid and the ability to file complaints.
3. Attempted Suicide Not an Offense:
- The act explicitly states that a person attempting suicide will be presumed to be “suffering from severe stress” and shall not be subjected to investigation or prosecution.
4. Regulatory Framework:
- The Mental Health Care Act establishes both Central Mental Health Authority and State Mental Health Authority, contributing to effective governance and oversight in the mental health domain.
Challenges in Implementing the Mental Health Care Act 2017:
- Absence of Mental Health Review Boards (MHRBs):
- Many states lack the establishment of State Mental Health Authority and Mental Health Review Boards (MHRBs).
- MHRBs are essential for setting standards, overseeing mental healthcare institutes, and ensuring compliance with the Act.
- Absence hampers individuals from exercising their rights and seeking redressal in case of rights violations.
- Poor Budgetary Allocation:
- Inadequate budget allocation and inefficient fund utilization.
- Results in underequipped shelter homes, understaffed establishments, and insufficient training for mental health professionals.
- Stigma:
- Individuals placed in mental healthcare institutions face stigma, impacting family decisions and societal perceptions.
- Families may refuse to take individuals back, contributing to abandonment, particularly affecting women due to family disruption and violence.
- Lack of Community-Based Services:
- Section 19 acknowledges the right to live in society, but there’s a lack of concrete efforts in implementation.
- Insufficient community-based services, including homes for assisted living, community-based mental healthcare, and socio-economic opportunities.
- Hinders effective rehabilitation and reintegration into society.
Initiatives:
- National Mental Health Programme (NMHP) in 1982: To ensure the availability and accessibility of minimum mental healthcare for all in the foreseeable future.
- Mental Healthcare Act, 2017: It provides mental healthcare and services for persons with mental illness in India.
- National Suicide Prevention Strategy
- Rights of Persons with Disabilities Act, 2017: The Act acknowledges mental illness as a disability and seeks to enhance the Rights and Entitlements of the Disabled.
- National Tele-Mental Health Programme: To improve access to quality mental health counselling and care services in the country.
- Kiran Helpline: It provides for suicide prevention and can help with support and crisis management.
- World Mental Health Day: To raise awareness of mental health issues around the world and to mobilize efforts in support of mental health.
FAQs
Q: What is the Mental Health Care Bill?
The Mental Health Care Bill is a legislative framework aimed at safeguarding the rights of individuals with mental illnesses in India. It seeks to provide access to mental healthcare, protect the rights of persons with mental illnesses, and ensure their treatment in a manner that respects their dignity.
Q: What are the key provisions of the Mental Health Care Bill?
Some key provisions of the Mental Health Care Bill include decriminalizing suicide, ensuring access to mental healthcare, establishing mental health services at the district level, protecting the rights of persons with mental illnesses, and promoting mental health education and awareness.
Q: How does the Mental Health Care Bill impact access to mental healthcare?
The bill mandates the establishment of mental health services in every district, ensuring that mental healthcare is accessible even in remote areas. It also prohibits discrimination against individuals with mental illnesses, thereby facilitating their access to healthcare services without fear of stigma or prejudice.
Q: What rights does the Mental Health Care Bill protect for individuals with mental illnesses?
The bill protects various rights of individuals with mental illnesses, including the right to access mental healthcare, the right to confidentiality and privacy, the right to make decisions regarding their treatment, the right to community living, and the right to legal aid and representation.
Q: How does the Mental Health Care Bill address stigma surrounding mental illness?
The bill includes provisions for promoting mental health awareness and education, which can help combat stigma and discrimination associated with mental illnesses. By emphasizing the rights and dignity of individuals with mental illnesses, the bill aims to foster a more inclusive and supportive society for those affected by mental health conditions.
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