*4-FEB-2012*

*K.P.M. Basheer*

*Draft rules to be submitted soon; centres will come under disabilities Act*

*KOCHI* : The State government is planning new procedures to bring on board
hundreds of mental health rehabilitation centres run by NGOs and
philanthropic individuals, a situation unique to Kerala, and place them
under the Social Welfare Department.

A draft set of rules, tentatively titled The Kerala Registration of
Psycho-Social Rehabilitation Centres, has been formulated by the Social
Welfare Department by invoking Section 73 of the Persons With Disabilities
(Equal Opportunities of Protection of Rights and Full Participation) Act
1995 (the PWD Act).

The rules intend to take the mental health care homes and rehabilitation
centres out of the purview of the Mental Health Act 1987 and bring them
under the PWD Act.

“The rules, after consultations with the stakeholders, will be submitted to
the government in a couple of weeks,” K.K. Mony, additional secretary in
the Social Welfare Department, told The Hindu .

The Mental Health Act (which also created the State Mental Health
Authority) mainly deals with mental health care hospitals and psychiatric
nursing homes.

There is no separate law to govern rehabilitation centres. The result:
hundreds of such centres function ‘illegally.' The Mental Health Authority
cannot issue licence to majority of rehabilitation centres because of legal
lacuna.

*In other States*

The Mental Health Act does not recognise the fundamental differences
between a mental health hospital and a mental health rehabilitation centre.
States such as Tamil Nadu and Gujarat found a way out by bringing the
mental health rehabilitation centres under the PWD Act whose definition of
disabilities includes mental illness. The Kerala rules have borrowed some
provisions from Tamil Nadu's.

The rules, in the first place, recognise the social reality of the
existence, and need for, mental health care homes and rehabilitation
centres.

The rise in the number of persons with mental illness and families'
tendency to go ‘nuclear' have added to the relevance of such centres.

The public sector treatment facilities are clearly unequipped to handle the
load.

The Kerala rules would include registration norms of the centres, criteria
for inmates' admission, accommodation, sanitation, and medical help among
others.

*Local community*

The rules would also look into the functioning, funding, licensing,
supervising, and monitoring of the centres. They would encourage the
participation of the local community in the well-being of the inmates, Mr.
Mony said.

Facilitated by the People's Council for Social Justice, the first round of
consultation with functionaries of care homes, social workers, and
psychiatrists was held at Kochi on Tuesday.

*Consultations*

Two more consultations, one at Kannur and another at Thiruvananthapuram,
would be held before finalising the draft, Mr. Mony said.

One major outcome of the rules would be that the Social Welfare Department,
not the Health Department, would have the responsibility of licensing,
supervising, and channelling government aid to the care homes and
rehabilitation centres.


*Centres to be taken out of the ambit of Mental Health Act*

*Many private-run centres function ‘illegally'*

http://www.thehindu.com/todays-paper/tp-national/tp-kerala/article2859543.ece

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