I completely agree with Prof.Murthy on this.The proposed shifting is ultra-vires of existing laws and amounts to lowering the bar dangerously as far as safe-guarding human rights and maintaing decent norms of care is. concerned. Anirudh
Prof.A.K.Kala, Clinical Director, North India Psychiatry Centre, 95-A,Model Gram, Ludhiana.141002 Phone 91-161-2772410,2773309, www.psychiatristindia.com On Wed, Feb 8, 2012 at 9:01 AM, srinivasa murthy <[email protected]>wrote: > Dear all, > I am sharing my thoughts about the post to the group. > this decision/ initiative of Kerala is not in the nbest interest of the > persons with mental disorders, though it may be good for those running > these centres. i would value hearing from the group. > murthy > > The Editor of THE HINDU, > > The news item *‘New rules for mental health rehab’*(The Hindu,Feb 7,2012) > raises a number of issues. Firstly, it is wrong to say that the Mental > Health act 1987 does not cover psychiatric rehabilitation centres. In > Karnataka the psychiatric rehabilitation centres are governed and licenced > under the mental health act. The approach of Karnataka has been to > recognise that there is need for differing standards for care and rules > for day care centres, rehabilitation centres, half way and long stay > homes and build such a differentiation in the licencing proceedures. > Secondly, it would be wrong to move these rehabilitation centres from the > medical rules of the mental health act 1987 to that of Persons with > disability act 1995. The reason for this is the large component of medical > interventions that are involved in the care of the persons suffering from > mental disorders. Taking away the medical component could result in neglect > of use of the medical interventions or abuse of medicines by persons not > qualified to use them. Thirdly, the very large, over 100, rehabilitation > centres in Kerala call for detailed study. There are essentially four > reasons for the large numbers of mentally ill in rehabilitation centres in > Kerala and other states. These are; (i) illness characteristics > ( mental retardation, chronic mental illness, drug dependence etc,); (ii) > family factors( single parent, migrant siblings, elderly parents, property > issues etc); (iii) treatment factors(non-availability of long term care, > non-cooperation of patient as at sometimes happens in drug dependent > persons etc) and (iv) community factors of stigma and discrimination. It is > important that these reasons for ‘institutionalisation’ are systematically > studied as the interventions vary and focussed interventions to address a > specific need/problem can limit the institiutional placement of the > mentally ill persons. One of the reasons for shifting from the MHACT to PWD > act is the higher human rights standards of the MHA. Is it right to > compromise the human rights of the persons with mental disorders for the > sole convenience of the persons running these rehabilitation centres? *The > need of the hour is for a fuller understanding of the needs of persons with > mental disorders rather than finding a quick and easily adminstrable > solution.* > Professor R.Srinivasa Murthy, Professor of Psychiatry(retd) Bangalore. > Email: [email protected] > > On Sun, Feb 5, 2012 at 9:21 AM, Admin - InclusiveIndia.Info < > [email protected]> wrote: > >> *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 >> >> -- >> You received this message because you are subscribed to the Google >> Groups "Mental Health Advocacy (Reform) India" group. >> To post to this group, send email to [email protected] >> To unsubscribe from this group, send email to >> [email protected] >> For more options, visit this group at >> http://groups.google.com/group/MhaReformIndia?hl=en >> ------------- >> Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA >> [email protected] >> Discussions on mental health law / policy / plan monitoring / human >> rights etc >> [email protected] >> India-specific news and views related to mental health >> [email protected] >> Information and support to carers of people with mental health issues >> [email protected] >> Mutual support and sharing of experiential knowledge, skills and social >> learning amongst peers >> > > > > -- > Best Wishes, > Murthy > > R,Srinivasa Murthy, > Professor of Psychiatry(retd) > The Association for the Mentally Challenged, > Hosur Road, > Dharmaram College, P.O. > Bangalore-560029. India. > > Office: 91 80 2656 6197 > Mobile: 91 944 869 7690 > Home: 91 80 2663 7995 > www.amcin.org > > > > -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
