*20 March 2011  *

*Aarti Dhar*

*Sterilisation, intended as a treatment for mental illness, will also not be
allowed*

The draft Mental Health Care Bill, 2010, prohibits chaining and use of
electro-convulsive therapy without muscle relaxants and anaesthesia in
adults with mental illness, while the use of electric shock as treatment for
minors is disallowed. Sterilisation of men and women, intended as treatment
for mental illness, will also not be allowed.

Advocating the need for community treatment of people with mental ailments,
the new draft suggests that physical restraint and seclusion be used only
when it is the sole means to prevent imminent and immediate harm to the
patient or others, and the mental health facility should not be used as a
form of punishment or longer than is required on a mentally ill person.

When approved by Parliament, the draft Mental Health Care Bill, 2010 will
replace the Mental Health Act, 1987. Granting legal rights to mentally ill
people, the proposed law allows institutional treatment to such patients
only up to 30 days, instead of the existing 90 days, which is often misused
to send people into mental asylums if ratified by two psychiatrists. This
provision has been used to seek divorce or even usurp property.

Being described as an improvement over the existing Act, the proposed law
provides for categorisation of mentally-ill patients as ‘independent' who do
not need support and can make decisions on their treatment, institutional
treatment included.

In the case of minors, the treatment will be given only with the consent of
parents or guardians or nominated representatives, which can also be a
non-governmental organisation.

Under the new Bill, a patient can be kept in an asylum beyond 30 days only
if it is extremely necessary and if he/she causes harm to himself/herself,
has shown violent behaviour, or has indications that he or she is unable to
take care of himself or herself. This decision, too, would have to be
ratified by the Mental Health Review Commission.

http://www.thehindu.com/health/policy-and-issues/article1554114.ece

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