Latest mantel health act
Querist :
Anonymous
(Querist) 09 April 2020
This query is : Resolved
according to consitution law how many act have mention latest mantel health act ,any person sufring psycological treatment which how many service provide by govt or court he can get avail services.
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8802699204
KISHAN DUTT KALASKAR
(Expert) 09 April 2020
Dear Sir,
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.
THE MENTAL HEALTHCARE ACT, 2017
https://www.prsindia.org/uploads/media/Mental%20Health/Mental%20Healthcare%20Act,%202017.pdf
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Rajendra K Goyal
(Expert) 09 April 2020
Please do not set examination paper.
So far as theoretical knowledge is concerned, a lot of theoretical knowledge can be obtained by searching online?
Please state clear material facts of the problem if any?
How are you concerned?
Raj Kumar Makkad
(Expert) 09 April 2020
This is not a Classroom. Being a law student, search and study from law books and elsewhere.
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018.
The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code.
The constitution of India provides under Article 21 that no person shall be deprived of his life or personal liberty except according to procedures established by law. It has been held that right to life and personal liberty under this article includes “facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and coming in link with fellow human beings
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018.
The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code.
The constitution of India provides under Article 21 that no person shall be deprived of his life or personal liberty except according to procedures established by law. It has been held that right to life and personal liberty under this article includes “facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and coming in link with fellow human beings
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018.
The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code.
The constitution of India provides under Article 21 that no person shall be deprived of his life or personal liberty except according to procedures established by law. It has been held that right to life and personal liberty under this article includes “facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and coming in link with fellow human beings
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018.
The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code.
The constitution of India provides under Article 21 that no person shall be deprived of his life or personal liberty except according to procedures established by law. It has been held that right to life and personal liberty under this article includes “facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and coming in link with fellow human beings.
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
Indian laws regulating treatment of persons with mental disorders
Relationship between psychiatry and law most often comes into play at the time of treatment of PMI.
Treatment of PMI often involves curtailment of personal liberty of psychiatric patients.
Mental Health Act (MHA-87) was enacted in 1987:
Main features of the Act are as follows.
Definition of mental illness in a progressive way and introducing modern concept of their treatment with stress on care and treatment rather than on custody.
Establishment of Central/State Mental Health Authority to regulate and supervise the psychiatric hospitals/nursing homes and to advise Central/State Governments on Mental Health matters.
Admission in special circumstances in psychiatric hospital/nursing homes. Provisions of voluntary admission and admission on the reception orders were retained.
Role of Police and Magistrate to deal with cases of wandering PMI and PMI cruelly treated.
Protection of human rights of PMI.
Guardianship and Management of properties of PMI.
Provisions of penalties in case of breach of provisions of the Act.
T. Kalaiselvan, Advocate
(Expert) 11 April 2020
The process of amendment in MHA-87 was set in motion and a draft Mental Health Care Bill – 2011 (MHCB) has been prepared. MHCB provides for replacement of licensing of mental health establishments to registration and establishment of Mental Health Review Commission with its state panels. Admission processes have been drastically changed. The most salient feature of MHCB is that it enshrines duties on the government to establish and provide mental health services to all citizens and take appropriate measures in this respect. There are elaborate provisions in respect of human rights of the PMI and it has a separate chapter for the purpose.
Dr J C Vashista
(Expert) 14 April 2020
Academic question, seek guidance of your tutor.
Raj Kumar Makkad
(Expert) 14 April 2020
How can we restrict such acamedician authors when some of experts are ready to address their queries more than required despite of going through the replies of previous experts denying to answer being an academic query?
Unless we all expert decide and follow guidelines, nothing can be done.
Rajendra K Goyal
(Expert) 15 April 2020
Self discipline is main criterion on this site till all experts / admin takes such responsibility.
Expert Raj Kumar makkad Ji had suggested in one of his posts regarding code of conduct to be observed by experts, very good suggestion, hoping to be implemented in near future.
Guest
(Expert) 15 April 2020
Posting as Anonymous is accepted here and it would be the Choice of the Experts to attend them or not. But at the same time Querist posting as Anonymous should not be insulted in any manner and few are in the habit of posting " No reply to Anonymous " which is obviously an insult to the innocent Querist. Those who doesn't wish to attend could Ignore the thread with out insulting the Qurist and they should not comment on Experts those who attend the Query posted by Anonymous.. Some one who advises about Self -- Discipline should not misuse the Photograph of an innocent Child as his own identity. which obviously makes many doubts about that person.
Guest
(Expert) 15 April 2020
Child Abuse in India ----- 53% of Children in India face some form of Child Abuse according to the National Crime Research Bureau
Guest
(Expert) 15 April 2020
Protection of Children from Sexual Offence Act --- deals severely with such Offenders in India
Guest
(Expert) 15 April 2020
The tragic news is that most of the Child Abuse Offences were committed by their own family persons , relatives and friends only.
Raj Kumar Makkad
(Expert) 15 April 2020
There is a dynamic relationship between the concept of mental illness, the treatment of the mentally ill and the law.. As Rappeport has noted, for the psychiatrists the court is “another house' with its different motives, goals and rules of conduct. While the psychiatrist is concerned primarily with the diagnosis of mental disorders and the welfare of the patient, the court is often mainly concerned with determination of competency, dangerousness, diminished responsibility and/or the welfare of society. Therefore, in India also, most of the earlier legislations in respect of PMI were concerned with these aspects. However, legislations drafted after eighties tend to give some stress on the rights of PMI also.
Raj Kumar Makkad
(Expert) 15 April 2020
Indian Penal Code, 1860 states that “Nothing is an offence, which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” McNaghten Rules define the criminal responsibility of mentally ill in our courts and it has been incorporated in the sec 84..It has been held by the Supreme Court that the law presumes every person of age of discretion to be sane and defense on ground of insanity needs to be proved. If defense is established on ground of insanity, such persons are committed to the Psychiatric Hospitals as per sec 471 (i) of the Cr.P.C., 1973. There have been instances of lesser sentence on account of mental illness. Where the feeling of life unbearable on account of domestic quarrels, a woman (accused) jumped into a well with her children, it was held that the only sentence that could be passed was the lesser sentence of imprisonment for life (AIR 1953 MB 61).
Raj Kumar Makkad
(Expert) 15 April 2020
Section 89 IPC provides protection for any action done in good faith for the benefit of a person of unsound mind by or by consent of the guardian or other person having lawful charge of that person. Sec 305, Indian Penal Code (IPC) provides for punishment of death or imprisonment of life for abetment of suicide by an insane person.
Raj Kumar Makkad
(Expert) 15 April 2020
No person can make a Will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, so that he does not know what he is doing.
Testamentary capacity requires a person's full sense and mental sanity to have confirmed and signed the Will after understanding what his assets comprised and what he is doing by making a Will. He understands in full mental capacity to whom he is naming the assets to and how are they related to him and what repercussions it may have later.
Raj Kumar Makkad
(Expert) 15 April 2020
Under Christian Law, marriage is voidable, if either party was a lunatic or idiot. Christians can obtain divorce under Indian Divorce Act. 1869 (as amended in 2001) on grounds of unsoundness of mind provided: (i) it must be incurable (ii) it must be present for at least 2 years immediately preceding the petition. Divorce is not admissible on ground of mental illness under the Parsi Marriage and Divorce Act, 1936. However, divorce can be obtained if the defendant at the time of marriage was of unsound mind, provided the plaintiff was ignorant of the fact and the defendant has been of unsound mind for a period of 2 years upwards and immediately preceding the application.
Raj Kumar Makkad
(Expert) 15 April 2020
Under the prevalent Muslim Law, marriage is a type of contract. Therefore, a Muslim who is of sound mind and has attained puberty is qualified to marry. However, if the guardian of a person of unsound mind considers such a marriage to be in his interest and in the interest of society and is willing to take up all the monetary obligations of the marriage, then such a marriage can be performed. Talaq (divorce) under Muslim Law has to be for a reasonable cause and must be preceded by attempts for reconciliation by two arbiters. According to Muslim Marriage Act, 1939, a woman married under Muslim Law is entitled to obtain a decree of divorce if her husband has been insane for a period of 2 years.
Raj Kumar Makkad
(Expert) 15 April 2020
Under Special Marriage Act, 1954, the grounds for marriage, divorce and judicial separation are practically the same as those in the Hindu Marriage Act, 1955. The Special Marriage Act, 1954 is meant for any person in India and Indian nationals abroad, irrespective of the faith that the individual may profess. A marriage solemnized in any other form can be registered under this Act.
Raj Kumar Makkad
(Expert) 15 April 2020
Marriages in contravention to the provision in respect of mental disorders come under voidable category. Voidable marriages as defined under section 12 of Hindu Marriage Act are those which may be annulled by a decree of nullity on the given grounds but may continue to be legal till the time it is annulled by a competent court.
According to the section 13 of Hindu marriage Act, divorce or judicial separation can be obtained if the person has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
