Volume 3 Issue 7 July, 2013
The application of legal knowledge to the psychiatry and of psychiatric knowledge to legal issues is one of the subspecialties of psychiatry known as forensic psychiatry. In India, forensic psychiatry is still an emerging area. The legal issues pertaining to the mental health care in India appeared only after British Rule with minimal changes occurring in post independence. Currently, there is poor training of psychiatry postgraduates to the idea of an interface between law and psychiatry. It is much neglected, ignored, misinterpreted and misunderstood. To meet the standards of the developed world and International covenants there is a pressing need by psychiatric community in the region to understand the existing legislation and initiate change through various agencies and regulatory bodies.
The Mental Health enactments are promulgated with dual objects such as (i) to have a concern for the rights and protection of people with mental disorder (ii) to have a concern for rights and protection of community to which the person with mental disorder belongs.
The Mental Health Act 1987 repeals Indian Lunacy Act 1912 and Lunacy Act, 1977 (Jammu & Kashmir) and extends to whole of India. Under this Act 1987, a “Mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation. Psychiatric hospitals and nursing homes can be established or run only on obtaining a license from state or central authority for mental health services, and would be regulated for proper functioning and care of the mentally ill. Psychiatric services provided from a general hospital or nursing home would not be covered by the licensing and regulating rules . Admission to psychiatric hospital under special circumstances can also be made on request of a relative or friend of the patient if the patient is not in a position to express willingness for admission as voluntary patient, provided the medical officer in charge is satisfied that it is in the interest of the patient to do so. This application should be accompanied by two medical certificates (one from a medical officer who is working in governmental service) stating that the person has such mental illness and it requires inpatient observation and treatment. No person admitted on the request of another person can be kept in the mental hospital for more than 90 days unless admitted under a Reception Order.
After India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into force in 2008, there was a clear need to overhaul the existing disability laws in India to bring them in compliance with the UNCRPD. It is in pursuance of this that the Mental Health Act (MHA) 1987 is sought to be replaced the new Mental Health Care Bill 2012 (still not enacted). The Mental Health Care Bill 2012 is supposed to make significant strides over the MHA bringing about protection and empowerment of persons with mental illness.
An interface of law and psychiatry through teaching, training and research can lead to positive developments in the future of forensic psychiatry.
Mysore Medical College & Research Institute, Mysore
