*Kounteya Sinha*

*22 Mar 2011
*
*NEW DELHI*: India is all set to be part of the global movement to free
mentally ill people from chains.

A shameful practice often referred to as a blot on human rights, mentally
ill patients in the southeast Asia region, including India, are chained to
poles or their beds in institutions meant to cure them.

In the Erwadi tragedy in India in 2001, over 20 people with mental illness
were burned to death after a fire swept though an institute in which they
were chained to their beds. Now, India in its draft Mental Health Care Bill
2010, which comes up for national consultation on Tuesday, prohibits
"chaining of mentally ill patients in any manner or form".

It also prohibits electro-convulsive therapy without the use of muscle
relaxants and anesthesia, electro-convulsive therapy for minors and
sterilization of men or women, when is intended as a treatment for mental
illness.

The bill also says that mentally ill patients can't be subject to compulsory
tonsuring (shaving of head hair) and have to wear own personal clothes and
not be forced to wear uniforms provided by the facility.

The bill gives special mention to how minors with mental illnesses need to
be handled. It says any person under the age of 18 years (minor) can be
admitted to a mental health facility only in exceptional circumstances and
when two psychiatrists have independently examined the minor on the day of
admission or in the preceding seven days and both conclude that "the minor
has a mental illness of a severity warranting admission to a mental health
facility".

The bill gives least amount of importance to seclusion and admission in
"facilities".

It says: "Mental health services shall provide treatment in a manner which
supports persons with mental illness to live in the community and with their
families. Long-term hospital-based mental health treatment shall be used
only in exceptional circumstances, for as short a duration as possible, and
only as a last resort when appropriate community-based treatment has been
tried and shown to have failed."

According to the draft bill, physical restraint or seclusion may only be
used when it is the only means available to prevent imminent and immediate
harm to the person concerned or to others. Also physical restraint can only
be used if it is authorized by the psychiatrist in charge of the person's
treatment at the mental health facility.

The draft bill also calls for the setting up of a Mental Health Review
Commission within three months of the Act coming into force to exercise the
powers. The commission's president has to be of the level of a HC judge.

http://articles.timesofindia.indiatimes.com/2011-03-22/india/29173805_1_mental-illness-community-based-treatment-electro-convulsive-therapy

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