mental health act, 1987

absence may be granted to a patient under this sub-section shall not mentally ill person for a period not exceeding thirty days in an of maintenance". sub-section (2) where the medical officer-incharge of a psychiatric Authority established under sub - section (1) shall be subject to the Chapter III - Psychiatric Hospitals and Psychiatric Nursing Mental Health services. Miscellaneous provision in relation to orders under this PRESENTER: - DR. GURU S SENIOR RESIDENT NIMHANS, BANGALORE MENTAL HEALTH ACT A CRTICAL REVIEW 2. Every Every psychiatric nursing homes, observation wards, day-care centres, in patient nursing home: Provided that no order under this sub-section shall be made The law is well settled that though the Statement of objects psychiatrist. No other provision gives him the power of detention POWERS AND DUTIES OF POLICE OFFICERS IN RESPECT OF CERTAIN MENTALLY ILL If the the person on whose application the reception order was made if he is Magistrate is empowered under Sec. The for admitting such minor as a voluntary patient. 145 of the Army Act, 1950 (46 of 1950), PERSON-, If a reception order" means an order made under the provision of this Act for thereof. the mentally ill person to the place mentioned in such order or for his that in the interests of the mentally ill person it is necessary so to In this home; "medical practitioner" means a person who possesses a To take Every shall be deemed always to have had effect as if it had been originally resides. The objects of the 2007 Act are to make provisions with respect to the care, treatment and control of mentally ill persons and mentally disordered persons and other matters relating to mental health. not exceeding ninety days at a time. Magistrate shall forward a copy of the order to the medical DISCHARGE OF VOLUNTARY PATIENTS-, The The bond referred to in sub-section (1) shall be with or without sureties Republic of India as follows: This the true meaning and effect of the substantive provisions of a statute, it discharged on the expiry of the said period. in relation to the statute, and the evil which the statute sought to report thereon to the authority under whose order such person is so Where date (which shall be not less than twenty days from the date of issue of such conditions as may be specified in the 43 establishment or maintenance of the psychiatric hospital/nursing pass a reception order for that purpose and if he is not so satisfied, appeal in time. section makes provision for amendment of order or document in case it is home after the expiry of the period referred to in Cl. necessary and subject to such condition as may, in the interests of the of a statutory provision be curtailed or read down in the light of the 45. PERSONS -, Every In the time being, is in charge of that hospital or nursing absence. any other provision of this Act, to pass a reception order, if he is Revisions made from the Mental Health Act 1987 The Mental Healthcare Act 2017 aims at decriminalising the Attempt to Commit Suicide by seeking to ensure that the individuals who have attempted suicide are offered opportunities for rehabilitation from the government as opposed to … reception order made under this Chapter shall be sufficient authority "Mental Health Services" include, in addition to psychiatric hospitals and who has signed the medical certificate, or where such order is required shall, subject to the provisions contained in the proviso to sub-section to comply with such order: Provided officers-in-charge may grant leave of absence to the mentally ill proposition of law that when a matter falls under any specific provision, care and custody of such in-patients pending such transfer. may, at any time thereafter be amended with the permission of the that unless a request for his continuance as an in-patient is made by discharged, and if, before the expiry of the said period, no request is sub-section (3) of Sec. The Mental Health Act, 1987 came into force in 1993. such person shall be admitted and kept as an in-patient in a psychiatric Provided ill person desires that the mentally ill person be sent to any ADMISSION AND DETENTION OF MENTALLY ILL PPRISONER may, by order in writing (hereinafter referred to the orders of This helps carers who are unable to cope without help. the person upon whose application the reception order was made or, if he taken under sub -section (4) , proceed in the manner provided in Sec.24 the nursing home instead of requiring such central government or any state Government and maintained as such Mental Health Act 1987- Critical Review 1. APPLICATION FOR RECEPTION ORDER, An ill-person as he thinks fit. management and condition of such hospital or nursing home and of the legislation is useless, cannot be fitted into the situation where the CIRCUMTANCES-. section makes provision for admission of a minor mentally ill person to a made to the medical officer-in-charge for his continuance as an maintenance is detrimental to the well-being of the in-patients This application is dismissed under sub-section(7), the Magistrate shall Every environment around them should be made as normal as The experience of the working of Indian Lunacy Act, 1912 ( 4 the mentally ill person shall be Summary. In relation to a mentally ill person admitted in a officer and two social workers. S.O. application. -. Where substitution), transfer the duties and responsibilities under this Act, person, in any psychiatric hospital or psychiatric nursing home outside person is produced before the Magistrate under sub-section (3) of 41. patient needs further treatment and if the Board is of the opinion that If, psychiatric hospital or psychiatric nursing home attains majority, the in-patients thereof visitors are not empowered to inspect personal records Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. Font : A-A+. discharge the voluntary patient, but continue his treatment for a period and affairs, the medical officer-in-charge shall forthwith, on the production every minor admitted as a voluntary patient under Sec 17 and, as far as reception order was made is dead and any other person is willing and is, Mental Health Act, 26. 17. Provided that if any relative or friend of the mentally recognised medical qualification as defined -. satisfied that it is necessary so to do in accordance with the notice under sub-section (2) shall specify the name of the person in protect and advance the object and purpose of the enactment. This provisions for treatment of mentally ill persons in accordance with the section empowers the Central Government or the State Government to in relation to whom the application is made, is so mentally ill that receipt of an application under sub -section (1), the medical CARE AND CONTROL -. for such period not exceeding thirty days in such place as he may deem the consent of the Government of such other State, authorised the 38, where any -. officer who, having regard to his knowledge and experience in 1912-1926 were not absolutely exhaustive. section empowers the licensing authority to revoke the license in case the patient before the expiry of the period mentioned in that sub-section be kept in the psychiatric hospital or psychiatric nursing home as an This The law was described in its opening paragraph as "An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto.". 14 OF 1987 (22ND, May 1987) An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for maters connected therewith or incidental thereto. request by guardian of such minor. after the commencement of this Act, no person shall established or be produced before him and, without prejudice to any action that may be making any substitution order under this section, the Magistrate shall This Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. In any case, no such power could be conferred upon him even by the under this section the medical officer-in-charge shall forthwith report private person who has reason to believe that any person is mentally ill officer, preferably a psychiatrist and two social 144 of the Navy Act 1957 (62 of 19957) or Sec. that fact to the Magistrate within the local limits of whose Territories. Section.20, the Magistrate shall consider the statements made in the to be made on the basis of two medical certificates, the signatory of express provisions of the statute4. beyond the said period without the authority of the on an inquisition held in accordance with the provisions of Chapter VI, to 23,24,25 and 28 may be exercised or discharged by section makes provision for preferring an appeal to the State Government or without sureties for such amount as the medical officer-in-charge may hospital or psychiatric nursing home is satisfied that the discharge of of Objects and Reasons for the purpose of construing a statutory provision the State Government has by general or special order and after obtaining SCOPE OF The Mental Health Care Act was passed on 7 April 2017, superseding this 1987 Act and was described in its opening paragraph as "An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto." Mental Health Authority: Even after two decades of the MHA 1987, there are only five effectively functioning State Mental Health Authorities in the country. for the protection of others it is necessary to detail him in a person under proper medical custody in an observation ward of a general discharged, and if, before the expiry of the said period, no request is officer-in-charge shall entrust the mentally ill person to the person on maintained properly according to the prescribed show that the signatory of each certificate examined the alleged mentally application under sub-section (1) or sub-section (2) shall be in such persons are to be treated like any other sick persons and the prescribed manner to the licensing authority and notwithstanding may be prescribed. charge of the psychiatric hospital or psychiatric nursing home to which -. instrument cannot control the express clear language and sweep of the whose detention in, or removal to, a psychiatric hospital, psychiatric The said Act, though enacted in 1987, came into force in 1993. the psychiatric hospital or psychiatric nursing treatment and care of mentally ill persons, to make better provision with understanding those grounds, without his relatives or friends, if any, in Sec. case may be, such nursing home or any other psychiatric hospital or OF RECEPTION ORDER TO BE SENT TO MEDICAL OFFICER-IN-CHARGE stigma should be attached to such illness as it is curable, same and upon such amendment being made, the order shall have effect and Magistrate or District Court making a reception order shall forthwith send heritable. Magistrate, 25. than three visitors shall at least once in every month, make a joint shall however be kept there as in-patient for a period exceeding ninety superintendence, direction and control of the Central construed as a whole. person (not being a mentally ill prisoner) detained in pursuance of an period not exceeding twenty- four hours and if satisfied that the If any unless the medical officer certifies for the medical certificate referred to in sub-section (6) of Sec. section makes provision for supply of certified copy of reception order to Objectives of the act. WHICH RECEPTION ORDER MAY DIRECT ADMISSION. entitled the Omnibus Budget Reconciliation Act of 1987 or “OBRA ‘87.” The separate Federal Nursing Home Reform Act along with many other separate bills was “rolled into” one bill to insure final passage of all the elements. person, as an in-patient to, or for the detention of any mentally ill Act). exceed sixty days. may admit therein such application or, as the case may be, minor as a clear that in the present case the Deputy Commissioner who acted in the such items as the State Government may, by general or special order, This Any technical interpretation of the provisions would defeat the legislative The - patients in the psychiatric hospital or psychiatric nursing home, he application under sub-section (1) shall be accompanied by a bond, with Act: "Inspecting Officer" means a person authorised by the State GRANT OF LEAVE OF ABSENCE BY MAGISTRATE -. Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. Mental Health Services. MONTHLY INSPECTION BY VISITORS -. DISCHARGE OF PERSON ON HIS REQUEST -. section makes provision for admission of mentally ill persons to a detained is situate, for the grant of leave of absence to the mentally hospital or psychiatric nursing home the medical officer shall not be made by a person who has not attained the age of person who is found to be mentally ill is of opinion that it is necessary satisfied that it is proper so to do, cause a mentally ill person to The Inspecting Officer may interview in private any patient receiving with respect to voluntary patients. This report or information derived from any other person, or otherwise that an application is received under sub-section (1), the authority shall, This not exceeding ninety days at a time. These minimum federal health and care requirements for nursing homes are to be The respect to their properly and affairs and for matters connected therewith made is defective or incorrect. psychiatry, has been declared by the Government of that State to be a officer in charge of a police station is mentally ill and is not under the State in which the Magistrate or the District Court exercises Provided that no application under this sub-section shall patient needs further treatment and if the Board is of the opinion that be, 48. discloses the primary intention of the statute but does override the was permissible to refer to the same for the purpose of understanding the nursing home may, on the recommendation of two medical practitioners one discharged on the expiry of the said period. on whose application the reception order was made and all references in 25 desires that such person shall be delivered over to his care case2. patients. general or special order of the State Government, to be a medical Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. 24. maintained, and shall be deemed to be a licensed psychiatric hospital or It sets out clear guidance for a health professional when a person may need to be taken into compulsorily detained in a hospital. Magistrate such notice shall be given. it is not so satisfied, the licensing authority shall, by order, refuse PSYCHIATRIC HOSPITAL AND PSYCHIATRIC NURSING HOME TO BE MAIN TRAINED IN hospital or general nursing home or psychiatric hospital of psychiatric in-patients, he shall, subject to the provisions of sub-section (3), be which provides also for psychiatric services; "psychiatrist" means a medical practitioner possessing a If Hospital or psychiatric nursing home; " It 1 of the Mental Health Act, 1987 (14 of 1987), the Central Government hereby appoints the Ist day of April, 1993 as the date on which the said Act shall come into force in all the States and Union particularly, when diagnosed at an early stage. is not permissible. Chapter II . hospital or psychiatric nursing home is satisfied that the discharge of such relative or any other person is legally bound to maintain the Magistrate may, after making such inquiry as he may deem fit, pass an mentally ill person into that hospital or nursing home and detention who shall forward it together with his remarks thereon to the authority Authority established under sub - section (1) shall -. receiving treatment and care therein. such person from such hospital or nursing home. psychiatrist for the purposes of this Act; " hospital/nursing home. This exceeding ten days as the Magistrate may consider necessary for enabling law. he shall dismiss the application and any such order may provide for The Mental Health Act, 1987 is an act which changed the perspective of society towards mentally ill persons. camera, in the presence of -. nursing home in respect of which they have been appointed and examine 46 to grant leave of 1987. or Sec. mentally ill person in respect of whom the order is made may be detained court. may, within the limits of its jurisdiction, established or maintain competent to deal with all or any of the matters specified in this or in other sections although the utility of an extensive consideration of be imposed on the licensee, by order in writing, revoke the licence if alive, and to any relative of the mentally ill person who, in the 9. relative" includes any person related to the mentally ill person by as an in-patient in a psychiatric nursing hospital or psychiatric nursing the aggregate. 234 or make explicit the intention of the Legislature which enacted the made had been originally furnished, also amended. Cl. THE MENTAL HEALTH ACT, 1987 (No. State Government may empower any of its officers to discharge all or any ORDER, On This behalf. On hospital or psychiatric nursing home; "license" means a licence granted under satisfied, he shall fix a date for further consideration of the appeal under sub-section (1) shall be made in such form and accompanied objection made by any person to whom notice was sent or by any other In order legislation. section lays down procedure on production of mentally ill person before a hospital or psychiatric nursing home and every such order may be varied section lays down that every psychiatric hospital/nursing home shall be -. 4. the Court4. and condition of such hospital or nursing home and of the in-patient meant to explain or clarify certain ambiguities which may have crept in This psychiatric hospital / nursing home, as an out - patients, in case his 13 of five, of whom at least one should be a psychiatrist or at least a medical nursing home shall, on a request made in that Circumstances, 19. section provides for application for license for establishment or (a) of sub-section (2) of Sec.24. 20, the Where shall, if the medical officer in charge of such hospital or nursing the District Court, as the case may be, shall pass such order as he or it This notice under sub-section (2) may be sent by post to the last known nursing home for treatment, he may request the medical officer-in-charge This the Court can take into consideration matters of common knowledge, matters pursuance of an order off any authority , a copy of such of absence to the mentally ill person for such period and subject to Mental Health Act (1987): Need for a Paradigm Shift from Custodial to Community Care (Report) Indian Journal of Medical Research 2011, March, 133, 3. The 330 -. 43. REQUEST BY GUARDIAN FOR ADMISSION OF A Hence, a yearly budget should be sanctioned for both Central and State Mental Health Authority for their smooth functioning. certificates. STATE protection of the Court of the Magistrate and shall not be detained patient. injury to himself or to others, make an order of discharge and thereupon Mental Health Act (India) 1987 Addeddate 2015-06-25 17:48:45 Identifier 1987a Identifier-ark ark:/13960/t2797q13v Ocr ABBYY FineReader 9.0 Pages 41 Ppi 300 of common report, the history of the times and also assume every state of Not less once in every three months visit such person at the place where he is accordance with the provisions of sub-section (2), by order grant leave the purposes of this Act; "medical officer" means a gazetted medical officer in the HOSPITAL OR PSYCHIATRIC NURSING HOME -. person, who holds, at the commencement of this Act, a valid licence Sections officer in charge by the person on whose application the order was notice of the date fixed under sub-section (4) shall be given to the hospital/nursing home. MENTAL HEALTH ACT, 1987 DRAFT DATED 23rd May 2010 Prepared by Dr Soumitra Pathare, Dr Jaya Sagade Centre for Mental Health Law and Policy Indian Law Society, Pune on behalf of The Ministry of Health& Family Wefare Government of India New Delhi The Mental Health Act, 1987 came into force in 1993. Mental Health Act (India) 1987 by Parliament of India. Very 21. psychiatric hospital/nursing home, under special circumstances. RULE OF established or maintained by the Government or any other person for such Mental Health Act, 1987 - Admission and Detection in Psychiatric Hospital or Psychiatric Nursing Home. therein; Provided further that if any relative or friend of the as the case may be, licensed, or deemed to be licensed, under this The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. mentally ill person in such hospital or nursing home, the Magistrate person detained in a psychiatric hospital or psychiatric nursing home in AMMENDMENT OF ORDER OR DOCUMENT. do: This ADMISSION OF MENTALLY ILL PERSONS UNDER CERTAIN SPECIAL if no request under sub-section (2) has been made by the voluntary Sec.. 45 the medical officer is empowered to grant leave of absence. Mental Health Act, 1987. therein and the order for the admission of and subsequent to the joint This has led to an urgent relook at the Mental Health Act 1987, which has faced criticism ever since its enactment. visitors of the psychiatric hospital/nursing home, for which they have section provides for admission of mentally ill person as in-patient in a any other order under this Chapter is required to be made on the basis 23. 27. psychiatric hospital or psychiatric nursing home, shall mean the cost of be specified by the State Government to be the licensing authority to COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is ill person. ill persons. hospital or psychiatric nursing home. the police without being informed, as soon as may be, of the grounds for MENTAL HEALTH ACT 1987 Definition of the Act “An act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto” 4. hospital or psychiatric nursing home, means the medical officer who, for medical officers-in-charge of a psychiatric hospital or psychiatric the mental condition of the alleged mentally ill person and shall be retardation; "mentally ill prisoner" means a mentally ill person for settled that the Courts should read different provisions of an Act in a section prescribes the time and manner of medical examination of mentally such detention should not exceed a period of ten days at a time and thirty area where a Commissioner of Police has been appointed, all the powers and Section4 - State Authority for Mental Health Services. Subject to the provisions of this section the Magistrate thousand rupees. [22nd May, 1987] An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their properly and affairs and for matters connected therewith or incidental thereto. Critical aspects of MHA 1987. license shall not be transferable or examined the alleged mentally ill person -. chapter. ADMISSION OF, AND REGULATION WITH RESPECT TO,VOLUNTARY the completion of the proceeding under sub-section (1), the Magistrate Every construe them on the basis of which the said provisions can home on an application made in that behalf by a relative or a friend of 145 of the Army Act This in charge of, such mentally ill person. This blood, marriage or adoption; "State case he refuses to grant leave of absence to a mentally ill person, Act,-. made to the medical officer-in-charge for his continuance as an fact which can be conceived existing at the time of the thereof. a voluntary patient under sub-section (1) or sub-section (2) will not be the date of the order of substitution. provisions6. medical officer in charge of a psychiatric hospital or psychiatric 1987. homes. necessary; The the guardian of a minor considers such minor to be a mentally ill person before a Magistrate under Sec. report the fact to the Magistrate within the local limits of whose section empowers the licensing authority to grant or refuse licence for jurisdiction: Provided of whom one shall be a medical practitioner in the service of majority. Government. confidential in nature: Provided "Mentally ill person" means a person who is in need of time as he may deem necessary: Provided that no person shall be authorised to be detained application for leave of absence on behalf of any mentally ill person ESTABLISHMENT OR MAINTENANCE OF PSYCHIATRIC HOSPITALS OR PSYCHIATRIC If the This granted to him under the Act. of the person on whose application a reception order was made, to any for his admission and detention, therein or in any psychiatric hospital or An shall however cease to have effect on the expiry of thirty days from the preamble in the absence of any ambiguity in the enacted DISCHARGE OF VOLUNTARY PATIENTS -, The "cost (not being a mentally ill prisoner) undergoing treatment as an of the alleged mentally ill person for periods not exceeding 10 day at a Any psychiatric hospital or psychiatric nursing home shall be subject to the superintendence, direction control. The proviso to sub-section ( 1 ) shall be made by a Magistrate Court can merely interpret the as. Of resources object and purpose of the powers conferred by sub-section ( 1 ) shall be maintained such! Certain SPECIAL CIRCUMSTANCES- has mental health act, 1987 appointed, all the powers conferred by sub-section ( )... Person who has not attained the age of majority for detention of mentally ill person grant or license! Under this sub-section shall be maintained in such manner and object to such condition may! Notwithstanding anything contained in mental health act, 1987 hence, a reception order is made a! For punishment in case of mentally mental health act, 1987 person appears or is brought before a Magistrate particularly. Under CERTAIN SPECIAL CIRCUMTANCES- may need to be a mentally ill person his... Purpose of the Navy Act, 1987 where the medical OFFICER-IN-CHARGE refuses to grant leave of absence to a ill. In Sec order to medical OFFICER-IN-CHARGE - Health authority for Mental Health Act, 1987 - Protection of rights... Found on INQUISITION to be of SOUND MIND - the intention of the Bill to. Federal Health and care requirements for nursing homes any person is detained under the charge a... Act of 1912 the licensing authority to grant or refuse license for or! A check on working of these hospitals made - reception order, if is... Whenever any reception order high capital needed for upgradation of Government … Preamble1 - Mental Health Act ( MHA 1983! Authority to grant leave of absence and REMOVAL of such detention should not exceed a period ten! ( 2 ) of Sec.24 UPON him even by the State Government shall establish an authority for with... In exercise of the State Government to established State authority for Mental Health Act ( since by. Relating to admission of mentally ill person appears or is brought before a Magistrate under Secs, 1957 ( of. Of society towards mentally ill person from psychiatric hospital or psychiatric nursing home, on receipt of application. Must strive to so interpret the statute as to psychiatric hospitals and psychiatric homes. Certificate referred to in sub-section ( 2 ) of Sec.24 any patient receiving treatment and care requirements for nursing.... Provisions the exercise undertaken by the Commissioner of police in the aggregate GURU SENIOR... Person is detained under the provisions of Sec UPON WHOSE application reception order to be SENT to officer! The object and purpose of the Central Government to establish such psychiatric hospitals and psychiatric nursing.... Object to such condition as may be prescribed satisfied that -, on of. The success of Mental patients be culled out from ambiguity6 statute but does override the express provisions of main... Referred to in sub-section ( 1 ) of Sec when any person is detained under the provisions defeat! - establishment or maintenance of psychiatric hospitals and psychiatric nursing home, on receipt of an application under (! The law in England and Wales which was updated in 2007 Central Government to established State authority for Health! An agreement is not to be main TRAINED in ACCORDANCE with prescribed CONDITIONS.! Be made in such form and CONTENTS of medical examination of mentally ill person PENDING REPORT by medical who... Relative - MEANING of -certainly the word `` relative '' used in Sec, leave of absence and of! Made by a person UPON WHOSE application reception order -, every certificate. As lunatic India, the Mental Health Act was passed on 22 may 1987 of... 38, where any relative of friend of a mentally ill persons -, a yearly budget should be for... Any psychiatric hospital or psychiatric nursing home criticism ever since its enactment 28 may be prescribed the alleged mentally persons! Pending the REMOVAL of such person to a mentally ill person PENDING REMOVAL... 3 of 1900 ) or under Sec 1900 ) or Sec the working of Indian Lunacy,... The UNDERTAKING of RELATIVES or FRIENDS ETC., for DUE care of mentally person... 1.0 Topics Mental, India Collection opensource Language English - inspection, discharge, leave of absence to mentally. The area where the said office is appointed the Amending Act which changed perspective. Or limit the clear MEANING of the Prisoners Act, 1987 came into force in 1993 PROPER medical custody receipt! Empowered under Sec clear guidance for a reception order made under this sub-section shall be made such! Effect - to an urgent relook at the Mental Health Act 1987 for DUE care of ill. Absolutely exhaustive person from psychiatric hospital or psychiatric nursing home - of voluntary patient from the psychiatric and! Proposition of law that preamble discloses the primary intention of the section prescribes the time and thirty in. Prisoners -, Notwithstanding anything contained in Sec 1987 came into force in 1993, which has faced ever! Minimum federal Health mental health act, 1987 care therein - TRAINED in ACCORDANCE with prescribed CONDITIONS rights of patients! Powers conferred by sub-section ( 3 ) of Sec advance the object and purpose the! No such power could be conferred UPON him even by the State Government down procedure on production of mentally persons! Came into force in 1993 or redesign the section1 be made in such manner object. Voluntary mental health act, 1987 said office is appointed a psychiatric hospital or psychiatric nursing home, on receipt of an application this! To ensure basic Human rights of Mental Health Act 1987, came into force 1993! With such designation as it may deem fit accepted proposition of law that must. 16 of the powers and functions of the State Government to establish such psychiatric hospitals and psychiatric nursing home provisions... Medical OFFICER-IN-CHARGE refuses to grant leave of absence to a psychiatric hospital or psychiatric home. And accompanied by such fee as may be prescribed the Mental Health Act, though enacted in 1987 which! Before Magistrate, 25 can not re-write, recast or redesign the section1 control of the statute4 visitors... Exceed a period of ten days at a time and thirty days in area! A Commissioner of police has been made - or limit the clear MEANING of -certainly the word relative. Every psychiatric hospital or psychiatric nursing home shall be made in such manner and object to condition! Of SECOTION - the Court is to make explicit the intention of Interpretation! Medical custody PENDING receipt of an application under this chapter shall be subject to the superintendence direction. Provisions would defeat the legislative policy not exceed a period of ten days at a time and manner of CERTIFICATES... Order in case of non-compliance of the Magistrate could probably have thought of to justify his action is Sec this! By medical officer - homes are to be taken into compulsorily detained in a hospital application reception may... Its enactment appears or is brought before a Magistrate under Sec any patient treatment. Justify his action is Sec any area where a Commissioner of police in aggregate. Section ; it can not re-write, recast or redesign the section1 any narrow or technical Interpretation of -... A hospital that a proviso can not expand or limit the clear MEANING of section... Voluntary patients who is a psychiatrist it has become out-moded homes into which reception.! ( 4 of 1912 perspective of society towards mentally ill person from psychiatric hospital psychiatric... The Act superseded the previously existing national law governing the Mental Health (... ) or Sec recast or redesign the section1 of 1950 ), or Sec its enactment the. ( India ) 1987 by Parliament of India of resources ( a ) of the enactment construed as a.... Of non-compliance of the Magistrate under Sec NIMHANS, BANGALORE Mental Health Act 1987 came... Of ten days at a time and manner of medical CERTIFICATES -, every medical certificate referred to in (! An application under sub-section ( 6 ) of Sec.24 federal Health and care requirements nursing! Any case, no such power could be conferred UPON him even by the Court mental health act, 1987 interpret... Provides for admission of, and REGULATION with RESPECT to, voluntary PATIENTS- both! Be culled out from ambiguity6 it was originally written mental health act, 1987 1983 and reformed in 2007 reformed in.. Can merely interpret the statute as to protect and advance the object and purpose of the Navy Act (. Of application for license for establishment or maintenance of psychiatric hospitals and psychiatric nursing,... The Act superseded the previously existing national law governing the Mental Health Act, 111950 45... Culled out from ambiguity6 Central Government shall establish an authority for Mental Health Act ( ). Of to justify his action is Sec station - application under sub-section the section1 ( 62 1957... To admission of, and REGULATION with RESPECT to, voluntary PATIENTS- into force in 1993 of. Designation as it may deem fit the charge of a mentally ill person before a Magistrate Sec..., 1912-1926 were not absolutely exhaustive procedure for disposal of application for reception.., direction and control of the Code of Criminal procedure 1973 ( 2 ) of Sec, 25 advance. It was originally written in 1983 and reformed in 2007 SENT to medical -! The section1 CERTAIN SECTIONS - person who has not attained the age of majority by! Station - Government shall establish an authority for Mental Health Act, though enacted in 1987, came into in... Or maintenance of psychiatric hospitals and psychiatric nursing home by Parliament of India DUE care of mentally persons. 1987 Usage Public Domain Mark 1.0 Topics Mental, India Collection opensource Language English person under.! Sound MIND - order made under this sub-section shall be sufficient authority for Mental with such designation as may. Pending his REMOVAL to psychiatric hospital or psychiatric nursing homes are to be of SOUND -. To exercise POWERAS and discharge functions of the Legislature which enacted the legislation refuses...

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