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MENTAL HEALTH ACT, 1987

I. INTRODUCTION
A. Definition of Mentally Ill Person - Section 2 (6) of the Act defines it as "a person who is in
need of treatment by reason of any mental disorder or mental retardation".
B. Meaning of Mental Health - It is the balanced development of the individual's personality
and emotional attitudes which enable him to live harmoniously with the rest of the society.
C. Background of the Act :-
1. No Stigmatization - The Mental Health Act, 1987 had been enacted keeping in view the
considerable change in the mindset of the people in relation to mentally ill persons. It
had been realized by that no stigma should be attached to such illness since it is a curable
one, especially when diagnosed at an early stage.
2. Outmoded Lunacy Act - Secondly, with the advancement in the medical science and
understanding of the nature of malady, the Indian Lunacy Act, 1912 was now outmoded.

II. OBJECTIVES OF THE ACT

The cardinal objectives of the Act are as follows :-
1. Establish State and Central Authorities for licensing and supervise the various
institutions.
2. Establish psychiatric nursing homes and hospitals & regulate there working.
3. To provide for custody of mentally ill persons & safeguard their rights.
4. To regulate procedure for admission and discharge of mentally ill persons.
5. To ensure that no mentally ill person shall be subjected during treatment to any dignity or
cruelty.
6. To protect the basic human rights of the detained or admitted mentally ill patients. For
instance, no mentally ill person who is under treatment shall be used for research
purposes unless such research is of direct benefit to him.

III. MENTAL HEALTH AUTHORITIES

1. Central Authority for Mental Health Services – S.3

 The Central govt. is to establish an authority for mental health. The authority
shall be under the superintendence, control and direction of the Central
Government.
 The authority established shall be In charge of regulation, direction, control and
co-ordination of Mental Health Services.
 The authority established shall supervise the psychiatric hospitals and psychiatric
nursing homes and other Mental Health Service Agencies.
 The authority established is to advice the Central Government on all matters
relating to Mental Health.
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 The authority established is to Discharge such other functions with respect to

Mental Health as the Central govt. may prescribe.

2. State Authority for Mental Health Services – S.4

 The State govt. is to establish an authority for mental health. The authority shall
be under the superintendence, control and direction of the State Government.
 The authority established shall be In charge of regulation, direction, control and
co-ordination of Mental Health Services.
 The authority established shall supervise the psychiatric hospitals and psychiatric
nursing homes and other Mental Health Service Agencies under the control of
State govt.
 The authority established is to advice the State Government on all matters relating
to Mental Health.
 The authority established is to Discharge such other functions with respect to
Mental Health as the State govt. may prescribe.

Explanation - The expression "Mental Health Services" includes in addition to

psychiatric hospitals and psychiatric nursing homes, the following as well :
 Observation wards.
 Day-care centers.
 Inpatient treatment in general hospitals.
 Ambulatory treatment facilities.
 Convalescent homes &
 Half way-homes.

Case Law :- In re: Death of 25 Chained Inmates In Asylum Fire in Tamil Nadu v. Union of
India
Held :- The Hon'ble Supreme Court held that :-
At the State level - Chief Secretary or Additional Chief Secretary &
At the Central level - Cabinet Secretary or any Secretary designated by him
shall ensure that there are no jurisdictional problems in the effective implementation of the Act.
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Admission and Detention in Psychiatric Hospitals or Psychiatric Nursing

Homes
 Chapter IV

Parts of Chapter IV

I. Admission on Voluntary Basis

II. Admission under Special Circumstances

III. Reception Orders

a. Reception Orders on Application.
b. Reception orders on production of Mentally ill person before
Magistrate.
c. Further provisions regarding admission and detention of certain
mentally ill persons
d. Miscellaneous provisions

I. Admission on Voluntary Basis

1. Request by Major for Admission as Voluntary Patient – S.15

2. Request by Guardian of Minor for Admission as Voluntary Patient. – S.16

3. Regulations with respect to Voluntary Patients – S. 17

 Medical officer in charge.
 Inquiry
 Within 24 hours.
 Requires treatment as inpatient.

4. Discharge of Voluntary Patients – S.18

 By guardian.
 By voluntary patient.
 Minor gaining majority – the authorities must make them aware of
the fact that he has gained majority.
 Refusal to discharge – in the interest of the patient.
 Maximum period of detention – 90 days.

II. Admission under Special Circumstances – S.19

 Application on behalf of mentally ill persons/ involuntary

admission.
 Maximum period of ninety days.
 Prescribed form and accompanied by medical certificates.
 Two medical officers shall be designated to check the mental
illness of such person.
 The friend or relative of such mentally ill person shall apply to the
magistrate for his discharge.
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III. Reception Orders

A. Reception Orders on Application

1. Application for Reception Orders – S.20

 By medical officer or husband or wife.
 A minor or a person who has not seen the mentally ill person from
the past 14 days cannot make the application.
 Prescribed form, signed, medical certificate.
 Relative may file the application, in absence of husband or wife.
 Reason for not filing of application by husband or wife.

2. Form and Contents of Medical Certificates – S.21

 Independent examination of the mentally ill person by the medical
officer.
 Form a bona fide opinion.
 Take other particulars into consideration.

3. Procedure Upon Application for Reception Order – S.22

 Magistrate may make the reception order.
 upon satisfaction that the person is actually mentally ill and in
interest of such person.
 Statements in evidence.
 Personal examination by Magistrate.
 May fix a date for further consideration, if he is not satisfied.
 In camera proceedings also may be resorted to in presence of the:
i. Applicant
ii. Alleged mentally ill person
iii. Representative
iv. Other person

B. Reception Orders on production of the mentally ill person before

the Magistrate

1. Duty of Police officer – S.23

 Any mentally ill person found wandering.
 Within the limits of his police station.
 Take such person in his protection.
 Produce him before the magistrate within 24 hours.

2. Procedure on production before the Magistrate – S.24

 Inquires.
 Examine mentally ill person.
 Medical test.
 Permit the friend or relative to shift him to any particular
psychiatric nursing home or hospital.
 Bond from such friend or relative to take him home and take due
care of him.
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3. Order – Mentally ill person cruelly treated or under improper care – S.24
 Police officer.
 Private person.
 Magistrate take cognizance.
 Whether any person is bound to maintain the mentally ill person
or not.

C. Further provisions regarding admission and detention

1. Admission as inpatient after inquisition – S.26

2. Admission and Detention of Mentally ill prisoner – S.27

3. Detention, while inquiry is pending. – S.28

4. Detention, while removal is pending – S.29

D. Miscellaneous Provisions

1. Time and manner of examination.

2. Authority for reception orders.

3. Copy of Reception Orders to be sent to Medical Officers.

4. Restrictions on psychiatric hospitals and nursing homes into which

reception order may direct admission.

5. Amendment of Order or Document.

6. Power to appoint substitute for person upon whose application reception

order has been made.
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Protection of Human Rights of Mentally ill Persons – S.82

 The human rights of the mentally ill person shall be protected at all
costs.

 They shall not be subjected to indignity.

 They shall not be subjected to cruelty.

 The shall not be used for any research unless:

[Link] research benefits them; or
[Link] consent has been obtained (in case of voluntary patients); or
[Link] case of minor, the guardian has given the consent.

Case Laws:

 Death of 25 Mental Asylum Patients, Re v. Union of India

 More than 25 inmates were charred to death.
 Intimation to the family of those who had survived.
 Allowed the inmates to be retained in homes only on the condition
that female companion will not be allowed.
 Immediate inspection of all homes.
 Setting up of monitoring committee.
 Periodical inspection.
 Recommendation of the National Human Rights Commissions to
be adopted.
 Commission of Enquiry headed by a retired District Judge to
enquire into the deaths.

 Suchita Srivastva v. Chandigarh Administration

 Treatment of mentally ill woman who are also pregnant.

 Reena Banerjee v. Government of NCT of Delhi

 Protection of female mentally ill persons.
 They are more vulnerable in the psychiatric nursing homes and
hospitals.

 Sheela Vaarsi v. Union of India

 Mental asylum in jail.
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