The proposed Mental Healthcare Bill 2012 does not seem to have not gone down well with the disability rights group, who have strongly objected to certain provisions of the draft bill.
Calling it a dangerous bill for the mentally disabled people, Javed Abidi, director, National Centre for Promotion of Employment for Disabled People (NCPEDP), said that the provisions of the proposed bill are “pro psychiatrist” and can have far reaching implications, if its approved.
Activists have strongly objected to a new provisions in the draft bill that allows for involuntary admissions. They say that these are forced admissions and can be misused against people with mental illness. “This is the major concern. This draft bill doesn’t only allow institutions but encourages it, You just need to fill up a simple application form for an establishment and within 10 days you are provisionally registered. This can lead to vast abuse, people with mental illnesses will be picked up and put in these institutes. This will lead to rampant abuse,” added Mr Abidi.
The groups are concerned as they are advocating community mental healthcare and an end to establishment of more institutions such as psychiatric facilities. That is stated by UNCRPD (UN Convention on Rights of Persons with Disability), which India ratified in 2007.
Various activists have already met senior health ministry officials, asking them to make changes in the proposed bill. Activists say that admissions into mental health institutions instead should be independent voluntary admissions.
“While the world community is talking about de- institutionalising mental health sector, the Bill proposes that anyone can set up mental health institutes. The penalty provisions for such institutes set up without permission are not deterrent enough, as there is only a fine of `50,000 proposed on the first offence,” added Mr Abidi, Convenor, Disabled Rights Group (DRG).
The other concern of the activists is the provision to chose right kind of treatment, which they say have been removed “conveniently”. “The Advance Directive Procedure in the bill is complex and impossible to achieve.” According to the draft copy, the Advance Directive is a will of sorts which anyone can write in advance to mention the kind of treatment he/she wants or does not want in case of mental illness in future. However, the law also gives caregivers, relatives and NGOs the right to seek cancellation of such directives by appealing before the Mental Health Review Commission.
The government also proposes to ban Electro Convulsive Treatment (ECT) (electric shocks) for minors as well as its direct administering to adults and has recommended its use only in rare cases only under general anaesthesia.
The bill also seeks to broaden the definition of mental illness and recommends decriminalisation of suicide.