1. INDIAN MENTAL HEALTH ACT

2. MENTAL HEALTH ACT-1987
The mental health bill became the act 14 of 2nd may 1987

3. CHAPTER-1 PRELIMINARY INFORMATION &DEFINITIONS
MENTALLY ILL PERSON
MENTALLY ILL PRISONER
COST OF MAINTENANCE
DISTRICT COURT
INSPECTING OFFICER
LICENSE
LICENSEE
LICENSED PSY.HOSPITAL/NURSING HOME

4. CONTI…. LICENCING AUTHORITY MEDICAL OFFICER MEDICAL OFFICER INCHARGE
MEDICAL PRACTITIONER
MINOR
PSY.HOSPITAL/PSY.NURSING HOME
PSYCHIATRIST
RECEPTION ORDER
TEMPORARY TREATMENT ORDER

5. CHAPTER-II MENTAL HEALTH AUTHORITY
Establishment of central and state authority for regulation and co-ordination of mental health services

6. CHAPTER-III PSY.HOSPITALS/NSG HOME
ADMISSION,TREATMENT AND CARE OF MENTALLY PERSONS
Separate hospital facilities for those who
-Under the age of 18 yrs
-Addicted to alcohol or drugs
-have been convicted for any offence

7. A: ADMISSION ON VOLUNTARY BASE
By the patient’s request, if he is a major
By the guardian, if a minor

8. B: UNDER SPECIAL CIRCUMSTANCES
This is an involuntary hospitalization when the mentally ill person does not or can not express his willingness for admission.

9. C: UNDER RECEPTION ORDER
ON APPLICATION:
Only a relative (husband, wife, close guardian, or a friend) can make out an application for the admission.

10. Cont….. ON PRODUCTION BEFORE THE MAGISTRATE:
patients exhibiting violent behavior, creating obscene scenes & dangerous to the society can be detained by the police officer & produced in court within 24 hours of such detention, supported by two medical certificates.

11. D: Admission in emergencies
The medical officer in-charge may order the admission of a mentally ill patient if he thinks he is dangerous to himself or others.

12. E: Temporary treatment order
It is an order issued by the magistrate in cases where the risk is perceived to the patient’s life or that of others.

13. F: Admission of mentally ill prisoners
mentally ill prisoner may be admitted in to a mental hospital on the order of the presiding officer or a court.

14. G: Miscellaneous admission
Humanitarian base (wanders)
For observation purpose
social worker can obtain an order from the magistrate.

15. CHAPTER V: DISCHARGE ADMITTED ON: VOLUNTARY BASIS
psychiatrist can take decision
about discharge.

16. Cont….. 2. SPCIAL CIRCUMSTANCES
Relative or friend make an application to the medical officer for care & custody of the patient .

17. Cont….. 3. RECEPTION ORDER an applicant make an application
for discharge to the magistrate.
If the magistrate deems fit he may
issue an order for discharge.

18. Cont……
4. BY POLICE
Family members agree in writing to take proper care
Medical officer in-charge opines that he is fit to be discharged.

19. Cont….. 5. MENTALLY ILL PRISONER
Hospital authority to report every 6 months
If the person is fit for discharge, handed over to the prison officer for further legal action.

20. CHAPTER VI JUDICIAL INQUISION
A guardian may be appointed by the court of law on behalf of mentally ill person incapable of looking after self and property
Every 6months the manager gives an inventory of the immovable property of the mentally ill person

21. CHAPTER VII:
COST OF MAINTENANCE OF MENTALLY ILL PERSONS DETAINED IN PSYCHIATRIC HOSPITAL

22. CHAPTER VIII: PROTECTION OF HUMAN RIGHTS OF MENTALLY ILL PERSON
Mentally ill person under treatment shall not be subjected to mechanical restraint or other harsh measure

23. CHAPTER IX: PENALTY AND PROCEDURES
Deals with penalties which can be relatively severe and explicit for contravening them

24. CHAPTER X: MISCELLANEOUS
It deals with clarification pertaining to certain procedures to be followed by medical officer in-charge of the psy.hospital / nsg home

25. Legal responsibilities of a mentally ill person
Responsibility in the legal sense means the liability of a person for his acts or omissions & if such be contrary to law, the liability to be punished for them.

26. LAW
Civil Law – protects the private and property rights of individuals and businesses
Tort: it may be intentional or
unintentional
Contracts :Failing to fulfill an obligation
Criminal law – provides protection from
conduct deemed injurious to the public
welfare

27. Cont………… law comes in contact with psychiatry Admission
Crime committed by mentally ill person
Validity of marriage
Will
Consent
Right to vote

28. Criminal responsibility
McNaughten Rule
Section 84 of the Indian penal code of 1860 provides that “nothing is an offence which is done by a person who, at the time of doing it by reason of unsoundness of mind, was incapable of knowing the nature of the act or that what he was doing was either wrong or contrary to law”.

29. 2.Durham rule (1954)
This rule is based on ‘Durham test' or Product rule’. This test is based on a1954 decision in the district of Columbia. The rule states that the accused is not criminally responsible if his act was the “product of mental disease”.

30. 3.American Law Institutes Test (ALI)
“As per the ALI Test a person is lacking adequate capacity to realize the criminality of his act or conformity of his conduct to the provisions of law is not responsible for performing such an act.

31. Civil Responsibility
A person has no responsibility in the following conditions, if he is proved to be a lunatic.

32. 1.Mangement of property & affairs
The court may direct an inquiry to ascertain whether a person is of unsound mind & incapable of managing his property, on an application from any relative.

33. Cont……
In such a case a manager is appointed by the court of law to take care of his property, which may include sale or disposal of the property to settle his debits/ expenses.

34. 2.marriage
As per the Hindu Marriage Act (1955), marriage between any two individuals one of whom was unsound mind at the time of marriage is considered null & void according to law.
Unsoundness of mind for a continuous period can be sighted as a ground for obtaining divorce.

35. Cont……..
The other party can file for divorce when lunacy continues for a period of more than 2 years after marriage.
If divorce filed after a 3 years period, divorce is granted with a precondition that the other party to pay maintenance charges for the mentally ill person.

36. 3.Testamentary capacity
Indian succession Act 1925
Testamentary refers to the mental ability of a person to make a valid will.

37. Cont……….. 1. A will must be in written form
The requirements of a valid will:
1. A will must be in written form
2. it must be signed by a testator in the
presence of at least two witnesses.
3. an executor is appointed under the will
by the testator to carry out its terms
after his death

38. Cont…… 4. a will can be revoked or modified any
time before the death of the testator
5. the testator must be of sound mind and
major
6. under such circumstances the doctor
tests the testator for orientation,
concentration & memory.

39. 4.Right to Vote contest for elections or exercise
A person of unsound mind cannot
contest for elections or exercise
the privilege of voting.

40. THANK YOU