---------- Forwarded message ---------
From: National Platform For The Rights of the Disabled <[email protected]>
Date: Tue, 3 Aug 2021 at 17:39
Subject: Implementation of MHC Act, Answer in the Rajya Sabha


RAJYA SABHA UNSTARRED QUESTION NO. 1681 TO BE ANSWERED ON 3RD AUGUST, 2021

*IMPLEMENTATION OF MENTAL HEALTHCARE ACT *


1681. SHRI ELAMARAM KAREEM: Will the Minister of HEALTH AND FAMILY WELFARE
be pleased to state: (a) the number of States that have framed rules for
implementation of Mental Healthcare Act, 2017; (b) the name of the States
that are yet to frame the rules; and (c) the measures that Government has
taken for implementation of various provisions of the Act?



*ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE
(DR. BHARATI PRAVIN PAWAR) *

(a) & (b): As per sub-section (2) & (4) of Section 121 of the Mental
Healthcare Act, 2017, the State Governments may, with the previous approval
of the Central Government, by notification, make rules for carrying out the
provisions of the Act. So far, 08 (eight) States/UTs, namely, Karnataka,
Andhra Pradesh, Uttar Pradesh, Jammu & Kashmir, Maharashtra, Odisha, Kerala
and West Bengal have framed and submitted draft rules seeking approval of
the Central Government under Sub-section (2) & (4) of Section 121 of the
Mental Healthcare Act, 2017. Draft Rules submitted by the State of
Karnataka have been approved by the Central Government. Apart from the
above, rest of the States/UTs have not framed the draft rules under
sub-section (2) & (4) of Section 121 of the Mental Healthcare Act, 2017.



(c): Health is a State subject. The primary responsibility of
implementation of provisions of the Mental Healthcare Act, 2017 is of the
States/UTs. Department of Health and Family Welfare has sent multiple
communications to the States/UTs requesting them to take the necessary
action for implementation of various provisions of the Mental Healthcare
Act, 2017. In response, 27 States/ UTs have established the State Mental
Health Authority and 8 States have constituted Mental Health Review Boards.
Further, all the Rules and Regulations required to be framed by the Central
Government as per the Mental Healthcare Act, 2017 have been framed and
notified. The Mental Healthcare Act, 2017 provides for integration of
mental health services into general healthcare services at all levels of
healthcare including primary, secondary and tertiary healthcare and in all
health programmes run by the appropriate Government. As such, the mental
healthcare services are being extended through various levels of healthcare
delivery systems, e.g. Department of Psychiatry has been set up in each of
the newly established All India Institute of Medical Sciences (AIIMS) and
similar provision has been made in the upcoming new AIIMS. Similarly, many
other Central as well as State Government hospitals also have Psychiatry
Departments. In addition, the Department of Health and Family Welfare is
implementing the National Mental Health Programme (NMHP). Under NMHP, as
part of National Health Mission (NHM), technical and financial support is
provided to the States/UTs, based on the proposals received from them, for
implementation of the District Mental Health Programme (DMHP), which
includes provision of 10 bedded in-patient facility at the District level.
The service delivery for mental healthcare through DMHP is aligned with the
provisions of the Mental Healthcare Act, 2017. In addition to the above,
the Government is also taking steps to strengthen mental healthcare
services at the primary healthcare level. Mental healthcare services have
been added in the package of services under Comprehensive Primary Health
Care under Ayushman Bharat – HWC Scheme. Operational guidelines on Mental,
Neurological, and Substance Use Disorders (MNS) at Health and Wellness
Centers (HWC) have been released under the ambit of Ayushman Bharat.

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