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UNIT:-1
JASLEEN KAUR
MSC(N)
PERSPECTIVES OF MENTAL
HEALTH AND MENTAL HEALTH
NURSING
MENTALHEALTH
It is a state of balance between the
individual & the surrounding world, a
state of harmony between oneself & others,
co-existence between the realities of the
self & that of other people.
DEFINITIONS
Karl Menninger (1947) defines mental
health as
“An adjustment of human beings to the
world & to each other with a maximum of
effectiveness & happiness.”
The American Psychiatric Association (APA
1980) defines mental health as
“ Simultaneous success at working, loving
and creating with the capacity of mature &
flexible resolution of conflicts between
instincts, conscience, important other
people & reality.”
COMPONENTSOFMENTALHEALTH
THE ABILITY TO
ACCEPT SELF
THE ABILITY TO
FULFIL LIFE’ S TASKS
THE CAPACITY TO
FEEL RIGHT TOWARDS
OTHERS
THEABILITYTOACCEPTSELF
A mentally healthy individual feels
comfortable about himself. He feels
reasonably secure & adequately accepts his
shortcomings. In other words, he has self-
respect.
THECAPACITYTOFEELRIGHT
TOWARDSOTHERS
An individual who enjoys good mental
health is able to be sincerely interested in
other’ s welfare. He has friendship that is
satisfying & lasting. He is able to feel a part
of group without being submerged by it.
He takes responsibility for his neighbors &
his fellow members.
THEABILITYTOFULFILLIFE’STASKS
A mentally healthy person is able to think
for himself, set reasonable goals & take his
own decision. He does something about the
problems as they arise. He shoulders his
daily responsibilities, and is not bowled
over by his own emotions of fear, anger,
love or guilt.
CRITERIAFORMENTALHEALTH
Adequate contact with reality.
Control of thoughts & imagination
Efficiency in work & play.
Social acceptance.
Positive self-concept.
A healthy emotional life.
INDICATORSOFMENTALHEALTH
A POSITIVE
ATTITUDE
TOWARDS
SELF
INTEGRATION
GROWTH,DEVELOPMENT
& THE ABILITY FOR SELF-
ACTUALIZATION
INDICATORSOFMENTALHEALTH
AUTONOMY
ENVIRONMENTAL
MASTERY
PERCEPTION OF REALITY
A POSITIVE ATTITUDE
TOWARDS SELF
This includes an objective view of self,
including knowledge & acceptance of
strengths & limitations.
The individual feel a strong sense of
personal identity & security within the
environment.
GROWTH,DEVELOPMENT &
THE ABILITY OF R SELF
ACTUALIZATION
This indicator correlates with whether the
individual successfully achieves the task
associated with each level of development.
INTEGRATION
Integration includes the ability to adaptively
respond to the environment & of which help
the individual maintain anxiety at a
manageable level in response to stressful
situations.
AUTONOMY
It refers to the individual’ s ability to
perform in an independent self-directed
manner, the individual makes choices &
accepts responsibility for the wants & needs
of others.
PERCEPTION OF REALITY
This includes perception of the environment
without distortion, as well as the capacity
for empathy & social sensitivity – a respect &
concern for the wants & needs of others.
ENVIRONMENTAL
MASTERY
This indicator suggests that the individual
has achieved a satisfactory role within the
group, society or environment. He is able to
love & accept the love of others.
CHARACTERISTICS OF A
MENTALLY HEALTHY PERSON
•He has an ability to make adjustments.
•He has a sense of personal worth, feels
worthwhile & important.
•He solves his problems largely by his own
effort & make his own decisions.
CHARACTERISTICS OF A
MENTALLY HEALTHY PERSON
•He has a sense of personal security & feels
secure in a group, shows understanding of
other people’ s problems & motives.
•He has a sense of responsibility.
•He can give & accept love.
CHARACTERISTICS OF A
MENTALLY HEALTHY PERSON
•He lives in a world of reality rather than
fantasy.
•He shows emotional maturity in his
behavior, and develops a capacity to
tolerate frustration & disappointments in
his daily life.
CHARACTERISTICS OF A
MENTALLY HEALTHY PERSON
•He has developed a philosophy of life that
gives meaning & purpose to his daily
activities.
•He has a variety of interests & generally
lives a well-balanced life of work,rest &
recreation.
MENTAL ILLNESS
•Mental illness is maladjustment in living. It
produces a disharmony in the person’ s
ability to meet human needs comfortably or
effectively & function within a culture.
MENTAL ILLNESS
•In general, an individual may be
considered to be mentally ill if:-
1. The person’s behavior is causing distress
& suffering to self & others.
2. The person’ s behavior is causing
disturbance in his day to day activities,
job & IPR.
DEFINITION
•Mental & behavior disorders are
understood as clinically significant
conditions characterized by alterations in
thinking, mood (emotions) or behavior
associated with personal distress or
impaired functioning.(WHO)
CHARACTERISTICS OF
MENTALLY ILLNESS
•Changes in one’s thinking, memory,
perception, feeling & judgement resulting
in changes in talk & behavior which appear
to be deviant from previous personality or
from the norms of community.
•These changes in behavior cause distress &
suffering to the individual or others or
both.
•Changes & the consequent distress cause
disturbance in day to day activities, work &
relationship with important others.(social &
vocational dysfunction).
MENTAL HEALTH ACT
•The Indian mental health act (MHA) was
drafted by the parliament in 1987 but it
came into effect in all states & union
territories of India in April 1993.
•This act replaces the Indian lunacy act of
1912.
REASONS FOR ENACTMENT
•The attitude of the society towards the
mentally ill has changed considerably & it
is now realized that no stigma should be
attached to such illness, as it is curable
practically when diagnosed at an early
stage. Thus the mentally ill individuals
should be treated like any other sick
persons & the environment around them
made as normal as possible.
REASONS FOR ENACTMENT
•The experience of working of the indian
lunacy act,1912 has revealed that it has
become outmoded with rapid advancement
of medical science & the understanding of
nature of malady. It has therefore become
necessary to make fresh legislation in
accordance with the new approach.
OBJECTIVES OF MENTAL HEALTH ACT
•To regulate admission into psychiatric
hospitals & psychiatric nursing homes.
•To protect society from the presence of
mentally ill persons.
•To protect citizens form being detained in
psychiatric hospitals/ nursing homes
without any sufficient cause.
•To regulate maintenance charges of
psychiatric hospitals/ nursing homes.
•To provide facilities for establishing
guardianship of mentally ill persons who
are incapable of managing their own
affairs.
•To establish central & state authorities for
mental health services.
•To regulate the power s of the government
for establishing licensing & controlling
psychiatric hospitals/nursing homes.
•To provide legal aid to mentally ill persons
at state expense in certain cases.
SALIENT FEATURES OF THE ACT
•The act is divided into 10 chapters
consisting of 98 sections:-
CHAPTER I
It contains preliminary information. Some
definitions included in this are:-
•Psychiatric hospital/nursing home: A
hospital /Nursing home established or
maintained by the government or any other
person for the care of mentally ill persons.
CHAPTER I
•Psychiatrist: A medical practitioner
possessing a postgraduate degree or
diploma in psychiatry recognized by MCI.
•Mentally ill person: A person who is in need
of treatment by reason of any mental
disorder other than mental retardation.
CHAPTER I
•Reception order: An order made under the
provisions of this act for the admission &
detention of mentally ill person in a
psychiatric hospital/nursing home.
Outdated definitions based on newer
concepts & knowledge:
CHAPTER I
Outdated definitions based on newer
concepts & knowledge:
OLD TERM NEW TERM
LUNATIC MENATLLY ILL PERSON
LUNATIC ASYLUM PSYCHIATRIC HOSPITAL
CRIMINAL LUNATIC MENTALLY ILL PRISONER
CHAPTER II
It deals with establishment of central & state
authorities for regulation & co-ordination of
mental health services.
CHAPTER III
It provides guidelines for establishment &
maintenance of psychiatric hospitals/
nursing homes.
CHAPTER IV
It deals with procedure for admission &
detention in psychiatric hospitals/ nursing
homes.
TYPES OF ADMISSION
ADMISSION ON
VOLUNTARY BASIS
SEC.15 & SEC.16 ADMISSION UNDER
AUTHORITY/ORDER
ADMISSION UNDER
SPECIAL
CIRCUMSTANCES
SEC.19
RECEPTION ON
APPLICATION
SEC.20
RECEPTION ON
PRODUCTION
BEFORE
MAGISTRATE
SEC.23
RECEPTION
AFTER INQUEST
SEC.26
ADMISSION &
DETENTION OF
MENTALLY
ADMISSION ON VOLUNTARY BASIS:-
Any person who considers himself to be
mentally ill & wishes to be admitted to a
psychiatric hospital may apply to the
medical officer-in-charge; if he is a minor,
the guardian can make this application on
his behalf.
ADMISSION ON VOLUNTARY BASIS:-
The medical officer should make inquiry
within 24 hours & should admit the patient
if he opines that treatment is required.
The voluntary patient thus admitted is now
bound to abide by the rules made by the
institutions.
ADMISSION UNDER SPECIAL
CIRCUMSTANCES
Any mentally ill patient who is unwilling for
admission on a voluntary basis may be
admitted & kept as an inpatient in a
psychiatric hospital/nursing home.
For such purpose an application should be
made out on his/her behalf by a relative or a
friend of the mentally ill person, provided
the medical officer deems fit.
ADMISSION UNDER SPECIAL
CIRCUMSTANCES
ON APPLICATION:-Only a relative not
other than husband, wife, guardian or a
friend can make out an application for the
admission of a mentally ill patient.
Such an application should be made out to
the magistrate in writing supported by two
medical certificates, one of them issued by a
gazetted MO.
However no person being a minor or one
who has not seen the mentally ill patient in
the last 14 days can make such application.
The Patient may now be admitted after the
magistrate obtains consent from the MO of
the mental hospital. The MO can extend
inpatient treatment to more than 6 months
by making such applications to the
magistrate.
ON PRODUCTION BEFORE
MAGISTRATE:-
Mentally ill patients exhibiting violent
behavior, creating obscene scences &
dangerous to the society can be detained by
the police officer & produced in the court
within 24 hours of such detention,
supported by 2 medical certificates,
subsequent to which the magistrate issue a
reception order.
ADMISSION IN EMERGENCIES:-
The MO in charge may order the admission
of a mentally ill patient if he thinks he is
dangerous to himself or others. However,
the patient should be produced before the
magistrate within 24 hours (maximum time
limit period),or the magistrate himself may
visit the psychiatric hospital/nursing home
& pass reception order on examination.
TEMPORARY TREATMENT ORDER
It is an order issued by the magistrate in cases
where the risk is perceived to the patient’s life or
to that of others.
If the MO in –charge feels it neccessaary to
bring legal authorities into picture he can do so
by applying to the magistrate.
Alternatively the relatives can get the magistrate
to issue an order for treatment.In such case a
single medical certificate is required which is
valid for 6 months.
ADMISSION OF MENTALLY ILL
PRISONERS
A mentally ill prisoner may be admitted into
a mental hospital on the order of the
presiding officer or a court.
MISCELLANEOUS ADMISSION
A mentally ill patient can be admitted either
on humanitarian grounds (e.g. wanderers)
or for observation purpose.
Social workers can obtain an order from the
magistrate pending report from medical
officer.
CHAPTER V
It deals mainly with the procedure to be
followed for the discharge of mentally ill
persons from a mental hospital under
different circumstances.
DISCHARGE PROCEDURE
VOLUNTARY
DISCHARGE
UNDER SEC.18
DISCHARGE
UNDER
SPECIAL
ADMISSION
UNDER SEC.19
DISCHARGE
IN RESPECT
OF
ADMISSIONS
DUE TO AN
ORDER OF
AN
AUTHORITY
IN ALL FIVE
TYPES.
DISCHARGE OF A PATIENT ADMITTE D
ON VOLUNTARY BASIS
MO in –charge of psychiatric
hospital/nursing home on recommendation
from 2 medical practitioners preferably a
psychiatrist, can issue directions for
discharge of the patient.
DISCHARGE OF A PATIENT ADMITTE D
ON SPECIAL CIRCUMSTANCES
A relative or a friend may make an
application to the MO for care & custody of
the patient.
The relatives are required to furnish a bond
with or without sureties,along with an
undertaking that the mentally ill person
shall be prevented from causing injuiry to
self or others.
DISCHARGE OF A PATIENT ADMITTE D
ON RECEPTION ORDER
An applicant who feels that the patient has
recovered from illness may make an
application for discharge to the magistrate.
A certificate should accompany such an
application from MO –incharge of the
psychiatric hospital/nursing home.
If magistrate deems fit he may issue an
order for discharge.
APPLICATION
A CERTIFICATE FROM MO
INCHARGE OF PSYCHAITRIC
HOSPITAL/NURSING HOME.
A MAGISTRATE ISSUES AN
ORDER IF PATIENT IS FIT FOR
DISCHARGE
DISCHARGE OF A PATIENT ADMITTE D
BY POLICE
In cases where the police detain the
mentally ill individual in hospital, he may
be discharged after the family members
agree in writing to take proper care,& the
MO in charge opines that he is fit to be
discharged.
DISCHARGE OF A MENTALLY ILL
PRISONER
The hospital authorities have to report every
6 months about the person’s state of mind to
the authority, which had ordered detention.
As soon as they find that the person is fit to
stand the trial, they have to inform about the
same to the authority concerned.
The person is then handed over to the prison
officer for further legal action.
LEAVE OF ABSENCE (SECTION 45)
On application by a relative or others to the
MO-incharge & a bond duly signed stating
that the patient will be taken proper care of
& prevented from injuring self or others,
leave of absence may be granted ( for a
period of maximum 60 days).
CHAPTER VI
It deals with enquiring regarding mentally
ill persons possessing property, their custody
& management of property. Under section
54(1) a guardian may be appointed by court
of law on behalf of an alleged mentally ill
person incapable of looking after self &
property.
Under section 97 of the act when a mentally
ill person is not represented by a legal
practitioner in any proceedings before a
district court or magistrate & such a patient
does not have sufficient means to engage a
legal practitioner then the district court or
magistrate shall assign a legal practitioner to
represent him at the expenses of the state.
CHAPTER VII
It deals with ways & means to meet the cost
of maintenance of mentally ill persons
detained in psychiatric hospital/nursing
home.
Under section 78 when a mentally ill patient
is detained as an inpatient & does not have
property to bear the cost of treatment, in
such cases his expenses shall be borne by
the government of the state.
CHAPTER VIII
1. It is the latest addition to the act that
contains a very novel & explicit provision
for protection of human rights of mentally
ill persons. Section 81 provides that:-
No mentally ill person shall be subjected
during treatment to any indignity (physical
or mental) or cruelty.
CHAPTER VIII
2. No mentally ill person under treatment
shall be used for the purpose of research
unless
a) Such research is of direct benefit to him.
b) A consent has been obtained in writing
from the person (in voluntary admission) or
from the guardian/relative (if admission was
involuntary)
CHAPTER VIII
3. No letter or communication sent by or to
a mentally ill person shall be intercepted,
detained or destroyed.
CHAPTER IX
It deals with procedures to be followed for
the establishment & maintenance of
psychiatric hospitals/nursing homes,& the
penalities, which can be relatively severe &
explicit,for contravening them.
The article 6(1) of the mental health act
prohibits the running of a home without
license & article 11 (1b) says the licensing
authority can revoke the license if the
maintenance of the home is being carried
out in a manner detrimental to the moral,
mental or physical well being of the
inpatients.
CHAPTER X
It deals with clarification pertaining to
certain procedures to be followed by the
MO in charge of the psychiatric
hospitals/nursing homes.
POSITIVE QUALITIES OF THE MHA 1987
•Incorporates the latest scientific knowledge
& social concepts.
•An attempt is made to make mental illness
look on par with physical illness to reduce
stigma.
•The definitions are in a progressive way.
• The treatability is the essential criterion.
• Indian mental health act is not applicable to
untreatable conditions like mental retardation
& dementia.
• Psychiatric patients admitted in general
hospitals or nursing homes are spared.
• Formation of mental health authorities provide
opportunities for better monitoring of services.
•Out patient services are mandatory in
psychiatry hospitals or nursing homes.
•Admission procedues are simplified.
•Provision for separate hospitals for
children,addicts & psychopaths.
•Efforts made to safeguard human rights of
mentally ill person.

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Mental Health Act Summary

  • 1. UNIT:-1 JASLEEN KAUR MSC(N) PERSPECTIVES OF MENTAL HEALTH AND MENTAL HEALTH NURSING
  • 2. MENTALHEALTH It is a state of balance between the individual & the surrounding world, a state of harmony between oneself & others, co-existence between the realities of the self & that of other people.
  • 3. DEFINITIONS Karl Menninger (1947) defines mental health as “An adjustment of human beings to the world & to each other with a maximum of effectiveness & happiness.”
  • 4. The American Psychiatric Association (APA 1980) defines mental health as “ Simultaneous success at working, loving and creating with the capacity of mature & flexible resolution of conflicts between instincts, conscience, important other people & reality.”
  • 5. COMPONENTSOFMENTALHEALTH THE ABILITY TO ACCEPT SELF THE ABILITY TO FULFIL LIFE’ S TASKS THE CAPACITY TO FEEL RIGHT TOWARDS OTHERS
  • 6. THEABILITYTOACCEPTSELF A mentally healthy individual feels comfortable about himself. He feels reasonably secure & adequately accepts his shortcomings. In other words, he has self- respect.
  • 7. THECAPACITYTOFEELRIGHT TOWARDSOTHERS An individual who enjoys good mental health is able to be sincerely interested in other’ s welfare. He has friendship that is satisfying & lasting. He is able to feel a part of group without being submerged by it. He takes responsibility for his neighbors & his fellow members.
  • 8. THEABILITYTOFULFILLIFE’STASKS A mentally healthy person is able to think for himself, set reasonable goals & take his own decision. He does something about the problems as they arise. He shoulders his daily responsibilities, and is not bowled over by his own emotions of fear, anger, love or guilt.
  • 9. CRITERIAFORMENTALHEALTH Adequate contact with reality. Control of thoughts & imagination Efficiency in work & play. Social acceptance. Positive self-concept. A healthy emotional life.
  • 12. A POSITIVE ATTITUDE TOWARDS SELF This includes an objective view of self, including knowledge & acceptance of strengths & limitations. The individual feel a strong sense of personal identity & security within the environment.
  • 13. GROWTH,DEVELOPMENT & THE ABILITY OF R SELF ACTUALIZATION This indicator correlates with whether the individual successfully achieves the task associated with each level of development.
  • 14. INTEGRATION Integration includes the ability to adaptively respond to the environment & of which help the individual maintain anxiety at a manageable level in response to stressful situations.
  • 15. AUTONOMY It refers to the individual’ s ability to perform in an independent self-directed manner, the individual makes choices & accepts responsibility for the wants & needs of others.
  • 16. PERCEPTION OF REALITY This includes perception of the environment without distortion, as well as the capacity for empathy & social sensitivity – a respect & concern for the wants & needs of others.
  • 17. ENVIRONMENTAL MASTERY This indicator suggests that the individual has achieved a satisfactory role within the group, society or environment. He is able to love & accept the love of others.
  • 18. CHARACTERISTICS OF A MENTALLY HEALTHY PERSON •He has an ability to make adjustments. •He has a sense of personal worth, feels worthwhile & important. •He solves his problems largely by his own effort & make his own decisions.
  • 19. CHARACTERISTICS OF A MENTALLY HEALTHY PERSON •He has a sense of personal security & feels secure in a group, shows understanding of other people’ s problems & motives. •He has a sense of responsibility. •He can give & accept love.
  • 20. CHARACTERISTICS OF A MENTALLY HEALTHY PERSON •He lives in a world of reality rather than fantasy. •He shows emotional maturity in his behavior, and develops a capacity to tolerate frustration & disappointments in his daily life.
  • 21. CHARACTERISTICS OF A MENTALLY HEALTHY PERSON •He has developed a philosophy of life that gives meaning & purpose to his daily activities. •He has a variety of interests & generally lives a well-balanced life of work,rest & recreation.
  • 22. MENTAL ILLNESS •Mental illness is maladjustment in living. It produces a disharmony in the person’ s ability to meet human needs comfortably or effectively & function within a culture.
  • 23. MENTAL ILLNESS •In general, an individual may be considered to be mentally ill if:- 1. The person’s behavior is causing distress & suffering to self & others. 2. The person’ s behavior is causing disturbance in his day to day activities, job & IPR.
  • 24. DEFINITION •Mental & behavior disorders are understood as clinically significant conditions characterized by alterations in thinking, mood (emotions) or behavior associated with personal distress or impaired functioning.(WHO)
  • 25. CHARACTERISTICS OF MENTALLY ILLNESS •Changes in one’s thinking, memory, perception, feeling & judgement resulting in changes in talk & behavior which appear to be deviant from previous personality or from the norms of community.
  • 26. •These changes in behavior cause distress & suffering to the individual or others or both. •Changes & the consequent distress cause disturbance in day to day activities, work & relationship with important others.(social & vocational dysfunction).
  • 27. MENTAL HEALTH ACT •The Indian mental health act (MHA) was drafted by the parliament in 1987 but it came into effect in all states & union territories of India in April 1993. •This act replaces the Indian lunacy act of 1912.
  • 28. REASONS FOR ENACTMENT •The attitude of the society towards the mentally ill has changed considerably & it is now realized that no stigma should be attached to such illness, as it is curable practically when diagnosed at an early stage. Thus the mentally ill individuals should be treated like any other sick persons & the environment around them made as normal as possible.
  • 29. REASONS FOR ENACTMENT •The experience of working of the indian lunacy act,1912 has revealed that it has become outmoded with rapid advancement of medical science & the understanding of nature of malady. It has therefore become necessary to make fresh legislation in accordance with the new approach.
  • 30. OBJECTIVES OF MENTAL HEALTH ACT •To regulate admission into psychiatric hospitals & psychiatric nursing homes. •To protect society from the presence of mentally ill persons. •To protect citizens form being detained in psychiatric hospitals/ nursing homes without any sufficient cause.
  • 31. •To regulate maintenance charges of psychiatric hospitals/ nursing homes. •To provide facilities for establishing guardianship of mentally ill persons who are incapable of managing their own affairs. •To establish central & state authorities for mental health services.
  • 32. •To regulate the power s of the government for establishing licensing & controlling psychiatric hospitals/nursing homes. •To provide legal aid to mentally ill persons at state expense in certain cases.
  • 33. SALIENT FEATURES OF THE ACT •The act is divided into 10 chapters consisting of 98 sections:-
  • 34. CHAPTER I It contains preliminary information. Some definitions included in this are:- •Psychiatric hospital/nursing home: A hospital /Nursing home established or maintained by the government or any other person for the care of mentally ill persons.
  • 35. CHAPTER I •Psychiatrist: A medical practitioner possessing a postgraduate degree or diploma in psychiatry recognized by MCI. •Mentally ill person: A person who is in need of treatment by reason of any mental disorder other than mental retardation.
  • 36. CHAPTER I •Reception order: An order made under the provisions of this act for the admission & detention of mentally ill person in a psychiatric hospital/nursing home. Outdated definitions based on newer concepts & knowledge:
  • 37. CHAPTER I Outdated definitions based on newer concepts & knowledge: OLD TERM NEW TERM LUNATIC MENATLLY ILL PERSON LUNATIC ASYLUM PSYCHIATRIC HOSPITAL CRIMINAL LUNATIC MENTALLY ILL PRISONER
  • 38. CHAPTER II It deals with establishment of central & state authorities for regulation & co-ordination of mental health services.
  • 39. CHAPTER III It provides guidelines for establishment & maintenance of psychiatric hospitals/ nursing homes.
  • 40. CHAPTER IV It deals with procedure for admission & detention in psychiatric hospitals/ nursing homes.
  • 41. TYPES OF ADMISSION ADMISSION ON VOLUNTARY BASIS SEC.15 & SEC.16 ADMISSION UNDER AUTHORITY/ORDER ADMISSION UNDER SPECIAL CIRCUMSTANCES SEC.19 RECEPTION ON APPLICATION SEC.20 RECEPTION ON PRODUCTION BEFORE MAGISTRATE SEC.23 RECEPTION AFTER INQUEST SEC.26 ADMISSION & DETENTION OF MENTALLY
  • 42. ADMISSION ON VOLUNTARY BASIS:- Any person who considers himself to be mentally ill & wishes to be admitted to a psychiatric hospital may apply to the medical officer-in-charge; if he is a minor, the guardian can make this application on his behalf.
  • 43. ADMISSION ON VOLUNTARY BASIS:- The medical officer should make inquiry within 24 hours & should admit the patient if he opines that treatment is required. The voluntary patient thus admitted is now bound to abide by the rules made by the institutions.
  • 44. ADMISSION UNDER SPECIAL CIRCUMSTANCES Any mentally ill patient who is unwilling for admission on a voluntary basis may be admitted & kept as an inpatient in a psychiatric hospital/nursing home. For such purpose an application should be made out on his/her behalf by a relative or a friend of the mentally ill person, provided the medical officer deems fit.
  • 45. ADMISSION UNDER SPECIAL CIRCUMSTANCES ON APPLICATION:-Only a relative not other than husband, wife, guardian or a friend can make out an application for the admission of a mentally ill patient. Such an application should be made out to the magistrate in writing supported by two medical certificates, one of them issued by a gazetted MO.
  • 46. However no person being a minor or one who has not seen the mentally ill patient in the last 14 days can make such application. The Patient may now be admitted after the magistrate obtains consent from the MO of the mental hospital. The MO can extend inpatient treatment to more than 6 months by making such applications to the magistrate.
  • 47. ON PRODUCTION BEFORE MAGISTRATE:- Mentally ill patients exhibiting violent behavior, creating obscene scences & dangerous to the society can be detained by the police officer & produced in the court within 24 hours of such detention, supported by 2 medical certificates, subsequent to which the magistrate issue a reception order.
  • 48. ADMISSION IN EMERGENCIES:- The MO in charge may order the admission of a mentally ill patient if he thinks he is dangerous to himself or others. However, the patient should be produced before the magistrate within 24 hours (maximum time limit period),or the magistrate himself may visit the psychiatric hospital/nursing home & pass reception order on examination.
  • 49. TEMPORARY TREATMENT ORDER It is an order issued by the magistrate in cases where the risk is perceived to the patient’s life or to that of others. If the MO in –charge feels it neccessaary to bring legal authorities into picture he can do so by applying to the magistrate. Alternatively the relatives can get the magistrate to issue an order for treatment.In such case a single medical certificate is required which is valid for 6 months.
  • 50. ADMISSION OF MENTALLY ILL PRISONERS A mentally ill prisoner may be admitted into a mental hospital on the order of the presiding officer or a court.
  • 51. MISCELLANEOUS ADMISSION A mentally ill patient can be admitted either on humanitarian grounds (e.g. wanderers) or for observation purpose. Social workers can obtain an order from the magistrate pending report from medical officer.
  • 52. CHAPTER V It deals mainly with the procedure to be followed for the discharge of mentally ill persons from a mental hospital under different circumstances.
  • 53. DISCHARGE PROCEDURE VOLUNTARY DISCHARGE UNDER SEC.18 DISCHARGE UNDER SPECIAL ADMISSION UNDER SEC.19 DISCHARGE IN RESPECT OF ADMISSIONS DUE TO AN ORDER OF AN AUTHORITY IN ALL FIVE TYPES.
  • 54. DISCHARGE OF A PATIENT ADMITTE D ON VOLUNTARY BASIS MO in –charge of psychiatric hospital/nursing home on recommendation from 2 medical practitioners preferably a psychiatrist, can issue directions for discharge of the patient.
  • 55. DISCHARGE OF A PATIENT ADMITTE D ON SPECIAL CIRCUMSTANCES A relative or a friend may make an application to the MO for care & custody of the patient. The relatives are required to furnish a bond with or without sureties,along with an undertaking that the mentally ill person shall be prevented from causing injuiry to self or others.
  • 56. DISCHARGE OF A PATIENT ADMITTE D ON RECEPTION ORDER An applicant who feels that the patient has recovered from illness may make an application for discharge to the magistrate. A certificate should accompany such an application from MO –incharge of the psychiatric hospital/nursing home. If magistrate deems fit he may issue an order for discharge.
  • 57. APPLICATION A CERTIFICATE FROM MO INCHARGE OF PSYCHAITRIC HOSPITAL/NURSING HOME. A MAGISTRATE ISSUES AN ORDER IF PATIENT IS FIT FOR DISCHARGE
  • 58. DISCHARGE OF A PATIENT ADMITTE D BY POLICE In cases where the police detain the mentally ill individual in hospital, he may be discharged after the family members agree in writing to take proper care,& the MO in charge opines that he is fit to be discharged.
  • 59. DISCHARGE OF A MENTALLY ILL PRISONER The hospital authorities have to report every 6 months about the person’s state of mind to the authority, which had ordered detention. As soon as they find that the person is fit to stand the trial, they have to inform about the same to the authority concerned. The person is then handed over to the prison officer for further legal action.
  • 60. LEAVE OF ABSENCE (SECTION 45) On application by a relative or others to the MO-incharge & a bond duly signed stating that the patient will be taken proper care of & prevented from injuring self or others, leave of absence may be granted ( for a period of maximum 60 days).
  • 61. CHAPTER VI It deals with enquiring regarding mentally ill persons possessing property, their custody & management of property. Under section 54(1) a guardian may be appointed by court of law on behalf of an alleged mentally ill person incapable of looking after self & property.
  • 62. Under section 97 of the act when a mentally ill person is not represented by a legal practitioner in any proceedings before a district court or magistrate & such a patient does not have sufficient means to engage a legal practitioner then the district court or magistrate shall assign a legal practitioner to represent him at the expenses of the state.
  • 63. CHAPTER VII It deals with ways & means to meet the cost of maintenance of mentally ill persons detained in psychiatric hospital/nursing home. Under section 78 when a mentally ill patient is detained as an inpatient & does not have property to bear the cost of treatment, in such cases his expenses shall be borne by the government of the state.
  • 64. CHAPTER VIII 1. It is the latest addition to the act that contains a very novel & explicit provision for protection of human rights of mentally ill persons. Section 81 provides that:- No mentally ill person shall be subjected during treatment to any indignity (physical or mental) or cruelty.
  • 65. CHAPTER VIII 2. No mentally ill person under treatment shall be used for the purpose of research unless a) Such research is of direct benefit to him. b) A consent has been obtained in writing from the person (in voluntary admission) or from the guardian/relative (if admission was involuntary)
  • 66. CHAPTER VIII 3. No letter or communication sent by or to a mentally ill person shall be intercepted, detained or destroyed.
  • 67. CHAPTER IX It deals with procedures to be followed for the establishment & maintenance of psychiatric hospitals/nursing homes,& the penalities, which can be relatively severe & explicit,for contravening them.
  • 68. The article 6(1) of the mental health act prohibits the running of a home without license & article 11 (1b) says the licensing authority can revoke the license if the maintenance of the home is being carried out in a manner detrimental to the moral, mental or physical well being of the inpatients.
  • 69. CHAPTER X It deals with clarification pertaining to certain procedures to be followed by the MO in charge of the psychiatric hospitals/nursing homes.
  • 70. POSITIVE QUALITIES OF THE MHA 1987 •Incorporates the latest scientific knowledge & social concepts. •An attempt is made to make mental illness look on par with physical illness to reduce stigma. •The definitions are in a progressive way.
  • 71. • The treatability is the essential criterion. • Indian mental health act is not applicable to untreatable conditions like mental retardation & dementia. • Psychiatric patients admitted in general hospitals or nursing homes are spared. • Formation of mental health authorities provide opportunities for better monitoring of services.
  • 72. •Out patient services are mandatory in psychiatry hospitals or nursing homes. •Admission procedues are simplified. •Provision for separate hospitals for children,addicts & psychopaths. •Efforts made to safeguard human rights of mentally ill person.