Volume-1 Issue-3 September, 2011
❌ Mental Retardation is covered under this Act
✅ Mental Retardation does not come under this Act as Mental Retardation is not a mental illness.
❌ Mental Health Act deals with regulation of admission & discharge of mentally ill and nothing else.
✅ MHA 1987 covers wide areas & includes definition of various authority, rights of mentally ill, their property
management, regulations of their care, rules & regulations governing their admission, discharge, treatment etc.
❌ Legal definition of mental illness is as defined in medical textbooks.
✅ Legal definition of mental illness is interpreted by law and includes ‘unsound mind’ which is again interpreted by
court of law with particular case in hand.
❌ Mentally ill cannot claim their property.
✅ Rights of mentally ill are protected by law and are governed by defined authority.
❌ Admission and discharge of mentally ill is considered only when patient himself or his relatives request so.
Even a friend or well wisher or NGO can request the same under MHA 1987.
✅ Anybody can admit the mentally ill and treat them, anywhere.
❌ The definitions of treating doctor, his qualification and place of care/ treatment has to be according to MHA 1987.
Compiled by – Mahesh Rathod, Junior Resident, AIMS