*Report For those who missed watching*

 

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*Panel Discussion on Mental Health Care Bill 2012*

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CNN IBN in their *Face the Nation *Programme telecast on Thursday the 
18thOctober 2012 presented a Panel Discussion on 
*Mental Health Care Bill 2012. *The panellists were Dr. Nimesh Desai, 
Harish Mander, Javed Abidi, Akhileshwar Sahay and Vandana Gopikumar. The 
programme started with referring to the high rates of suicides including 
that of Varsha Bhonsle. Some basic statistics were given about the high 
number of mentally ill in our country and a low percentage getting 
treatment.  Lower third was effectively used in giving salient features of 
the Bill and also the views of the Human Right Activists. Even Help Line 
numbers were being displayed. Care was taken in the visuals to blur the 
faces. Sagrika Ghose the hostess had done her home-work. She nicely summed 
up the views of the panellists and ensured that all the panellists got 
equal opportunity to speak. 

 

Javed Abidi was not at his best and lacked punch for which he is known. 
Sagrika made him leave the bureaucratic issues concerning the two 
ministries and address substantive issues in the Bill. Javed alleged that 
the bill gave with one hand and took away with the other. The Advance 
Directive and the appointment of a nominated representative could be over 
ruled on a request from a mental health professional or a relative. He was 
critical of provisions in regard to involuntary admissions. He agreed with 
Nimesh Desai about coming up of outreach models but said that for each such 
success story there were 10 black sheep (sic). Disagreeing with Akhileshwar 
about the need to increase the number of beds, he said that along with beds 
come solitary confinement and chaining.

 

Javed agreed with some of the points made by Vandana and Akhileshwar. He 
was led by Sagrika to accept that it would be wrong to say that every word 
and every paragraph in the bill was wrong. *Some parts in the Bill were 
extremely good and extremely progressive and nobody was saying that the 
entire bill was bad.*  It was a big departure from the stand that the Bill 
should be dropped altogether and the Disability Bill alone was good enough. 
 

 

On being prompted by Sagrika, Javed complained about the bias in favour of 
private sector and government promoting institutionalisation even post 
CRPD. In the last 10 years, there was mushroom growth of 500 private mental 
health facilities. He admitted briefly the institutions might be needed but 
soon corrected himself to say that not institutions but mental health 
facilities were needed which could be community based. He said that beds 
meant chaining. He criticised registration based merely on an application 
on a piece of paper, without any inspection and a penalty of only Rs. 
50,000 for unregistered facilities. He got away with his half- truths. 

 

Akhileshwar Sahay gave credit to his wife for his recovery and highlighted 
the importance of doctors and the family in recovery. He cautioned that 
missing on medicines was an invitation to lunacy. Young persons who claimed 
that they could manage without medicines could end up in asylums. The 
number of beds which was 10,000 in 1946 had only doubled to 20, 00 in over 
60 years which was highly inadequate. He disagreed that beds meant chaining 
and said that the Draft Bill had banned chaining and restraints and 
seclusion could be used only when there was a risk of physical injury. 

 

Accusing the critics of not reading the bill properly, Akhileshwar said 
that the institutionalisation was the last resort for persons with mental 
illness in need of high support. There were enough built in safe guards 
including review by mental health commission. He also stressed on the need 
for de-stigmatisation, non-discrimination and access to treatment. He said 
that Advance Directive and setting up of Mental Health Commission were the 
2 revolutionary provisions of the Bill.  

 

Vandana spoke with passion and stressed that the Bill focused on providing 
mental health care at the grass root level by extending the coverage from 
123 districts to the all 614 districts in the country. The rights have to 
be understood in a broader sense. The right to access to care and treatment 
was more important than any other right. The Bill promoted continuous care 
and mandated community care. Only in exceptional cases, where the admission 
was inevitable, provision was made for institutional care with a right to 
appeal against such admission.  

 

Harish Mander who was introduced as a social activist and as the one who 
approved the Bill said that the Bill addressed the rights of the persons 
with mental illness and provided dignity to them. There would be periods 
when there would be need for involuntary care and treatment. He shared 
concern of Javed about the danger in the growth of private institutions, 
which could prompt forcible admissions for the sake of profiteering and 
making up of the bottom lines of psychiatrists and wanted that the 
provision for affordable care should be replaced with free care.

 

Nimesh Desai said that the Bill attempted to provide treatment to more 
persons. Where there was severe illness and lack of capacity, a balancing 
act was required vis-à-vis their human rights. He stressed the need for a 
continuous dialogue. He agreed with Javed that there was a potential danger 
of the Bill usurping the rights of primary caregivers and provisions in 
regard to Advance directives needed fine tuning. He said that on positive 
side in the last 10/12 years good successful outreach models outside 
institutions had been developed.

 

The discussion contributed in a big way in creating awareness about the 
Bill. Kudos to CNN IBN for an educative show on Mental Health Care Bill and 
to Sagrika for anchoring it so well.

 

 



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