Mental Health Act, 1987 - Protection of Human Rights of Mentally Ill Persons

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Chapter VIII - Protection of Human Rights of Mentally Ill Persons

81. Protection of Human Rights of Mentally Ill Persons

   1. No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or cruelty.

   2. No mentally ill person under treatment shall be used for purposes of research, unless -

         i. such research is of direct benefit to him for purposes of diagnosis or treatment, or

         ii. Such person, being a voluntary patient, has given his consent in writing or where such person (whether or not a voluntary patient) is incompetent, by reason of minority or otherwise, to give valid consent, the guardian or other person competent to give consent on his behalf, has given his consent in writing, for such research. 

        iii. Subject to any rules made in this behalf under Sec.94 for the purpose of preventing vexatious or defamatory communications or communications prejudicial to the treatment of mentally ill persons, no letters or other communications sent by or to a mentally ill persons under treatment shall be intercepted, detained or destroyed.

COMMENT - This section provides for protection of human rights of mentally ill persons.

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Smitha789 

I have a sister who studied till 12th and know does not speak anything and behaves very different. In my and my dad absence my mom hits her. How can I stop this. I & dad hav tried a lot to stop but it doesnot work

mandeep.s 

Thanks for the above details,
My questions;
If a psychiatrist[ retired as colnol , senior advisor from Armed forces] is operating his clinic and he is treating a patient for 1year,
1] can he abandon or refuse the treatment to his patient.. ?
2] can he refuse to give first aid to a sudden out burst of his mentally ill patient ?
I would appreciate your response

gurgaon.anil 

my brother is admitted to a IHBAS, shahdra delhi for the past 2 months. the doctors have quoted the mental health act and informed that if we cannot keep him admitted beyond 89 days without permission from metropolitan magistrate. however, we being based in gurgaon, if we apply to our state's MM, the case will be referred to PGIMS, Rohtak and only when they give in writing that they cannot treat him, he can continue treatment at IHBAS. kindly guide me on this thank you

amitava66 

WHO IS LEGALLY BOUND TO MEET THECOST OF TREATMENT OF A MENTALLY ILL PERSON DETAINED IN A HOSPITAL UNDER MENTAL HEALTH ACT 1987?

Dr Desai 

Dear Sir/Madam,what are the minimum facilities prescribed for the admission, treatment and care of mentally ill persons in terms staff and space ratio for a psychiatric hospital under mental health act 1987 for a licence?

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