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In line with UN Convention on
People with Disabilities 2007 which India ractified
Rights of
persons with mental illness: Every
person shall have the right to access mental health care and treatment from
services run or funded by the government.
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The right to access mental health care includes
affordable, good quality of and easy access to services.
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Persons with mental illness also have the right
to equality of treatment, protection from inhuman and degrading treatment,
free legal services, access to their medical records, and complain regarding
deficiencies in provision of mental health care.
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Advance
Directive: A mentally-ill person shall have the right to make an advance
directive that states how he wants to be treated for the illness during a
mental health situation and who his nominated representative shall be.
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The advance directive has to be certified by a
medical practitioner or registered with the Mental Health Board.
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If a mental health professional/
relative/care-giver does not wish to follow the directive while treating the
person, he can make an application to the Mental Health Board to
review/alter/cancel the advance directive.
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Central and
State Mental Health Authority: These are administrative bodies are required
to
(a) register,
supervise and maintain a register of all mental health establishments,
(b) develop
quality and service provision norms for such establishments,
(c) maintain a
register of mental health professionals,
(d) train law
enforcement officials and mental health professionals on the provisions of
the Act,
(e) receive
complaints about deficiencies in provision of services, and
(f) advise the
government on matters relating to mental health
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Mental Health Establishments:
Every mental health establishment has to be registered with the relevant
Central or State Mental Health Authority.
In order to be registered, the establishment has to fulfill various
criteria prescribed in the Bill.
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The Bill also
specifies the process and procedure to be followed for admission,
treatment and discharge of mentally ill individuals.
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A decision to be admitted in a mental health
establishment shall, as far as possible, be made by the person with the
mental illness except when he is unable to make an independent decision or
conditions exist to make a supported admission unavoidable
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Mental Health
Review Commission and Board: The Mental Health Review Commission will be a
quasi-judicial body that will periodically review the use of and the
procedure for making advance directives and advise the government on
protection of the rights of mentally ill persons.
The Commission shall with the concurrence of
the state governments, constitute Mental Health Review Boards in the
districts of a state.
The Board will have the power to
(a) register,
review/alter/cancel an advance directive,
(b) appoint a
nominated representative,
(c) adjudicate
complaints regarding deficiencies in care and services,
(d) receive
and decide application from a person with mental illness/his nominated
representative/any other interested person against the decision of medical
officer or psychiatrists in charge of a mental health establishment
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Decriminalising
suicide and prohibiting electro-convulsive therapy: A person who
attempts suicide shall be presumed to be suffering from mental illness at
that time and will not be punished under the Indian Penal Code.
Electro-convulsive
therapy is allowed only with the use of muscle relaxants and anaesthesia. The
therapy is prohibited for minors
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