INDIAN MENTAL HEALTH ACT 1987

Introduction:- In 1950 three eminent psychiatrist appointed by the Indian psychiatric society prepare a
draft “Indian mental health act ”forwarded it to Indian government.

The Indian mental health act 1987 was finally passed by “Lok Sabha ”on 19 March 1987 and later it
came into effect from April 1st 1993 in all state.

Definition:- Mental health act is an act consolidate and amend the law related to treatment and care of
mentally ill patient to make better provision with respect to their property, affairs and for matter
connected therewith.

Objective of Indian mental health act 1987:-

 To regulate admission in to psychiatric hospital or nursing home of mentally ill persons.

 To protect society from the presence of mentally persons.
 To protect their citizens from being detained in psychiatric unit without proper cause.
 To provide facilities for establishing guardianship picture of mentally ill person who are
incapable of managing their on affairs.
 To establish or coordinated the central or state authorities for Mental health services.
 To regulate the power of government for establishing, licensing and controlling psychiatric
hospital and psychiatric nursing homes.
 To provide legal aid to mentally ill person at state expenses in limited cases.

Mental health act has “10 “chapters and consisting “98 “sections:-

 Chapter 1st:- Described the terminology related mental health practice:-

 Mentally ill person:- Person who is need of treatment by reason of any mental disorder other
than mental retardation.
 Psychiatrist:- Diploma in psychiatric.
 Asylum:- Psychiatric hospital.
 Criminal lunatic:- mentally ill prisoner.
 Chapter IInd:- It deals with establishment of Central and state authorities for development,
regulation, direction and coordination of Mental health services.
 Chapter IIIrd:- It provides guidelines for establishment for maintenance of psychiatric hospital.
for example admission procedure, treatment and care of client and recharge procedure.
 Chapter IVth:- It describe the procedure for admission and detention of the client in the
psychiatric unit.
 Admission on voluntary basis.
 Admission under special circumstances.
 Admission on reception order with petition/application.
 Admission on reception order without petition.
 Admission after judicial inquisition.
 Admission as mentally ill prisoner.
 Chapter Vth:- It deals with the procedure to be followed for discharge a mentally ill person from
a mental hospital under different circumstances.
 In case of voluntary basis admission.
 In case of patient admitted under reception order with petition
 In case of patient who is admitted into mental hospital by police.
 In case of criminal lunatic.
 In case under judicial inquisition.
 Chapter VIth:- it deals with judicial inquiry regarding mental person possession property, their
custody and management of his property, Court appoint manager to look after self and
property.
 Chapter VIIth:- It deals with cost maintenance of mentally ill person detained in psychiatric
hospital or psychiatric nursing home.
 Chapter VIIIth:- It emphasize on protection of human rights of mentally ill person. It provides
that:-
 No mentally ill person shall be subjected during treatment to any indignity.
 No mentally ill person, under treatment shall be used for the purpose of research unless.
 No letter or communication send to a mentally ill person under treatment shall be detained or
destroyed.
 Chapter IXth:- It deals with penalties and procedures for establishment maintenance of
psychiatric hospital or psychiatric nursing home.
 Chapter Xth:- It deals with clarifications pertaining to certain procedure to be followed by the
medical officers incharge of psychiatric hospital.
 Medical officers prepare the report of hospital of patient every 6 month once will send it to
the authorities.
 Incharge medical officers is responsible for the supply of requisites in psychiatric hospital.