New mental Bill does away with archaic laws
Amid the many serious discussions on issues like the Money and Finance Bills, which have thwarted the Rajya Sabha for the past two weeks, it is indeed commendable that our lawmakers opted for a humane approach to pass a patient-friendly piece of legislation — the Mental Healthcare Bill, 2016. While providing for legal backing for the mentally ill, our policymakers have brought home the fact that the law cannot be used to punish the psychologically-stressed. With this, the Government has decriminalised Section 309 of the Indian Penal Code, under which suicide attempt by mentally ill people was a criminal offence. This means that any person who takes the extreme step under pressure (due to mental illness) will not be put on trial and punished. Hopefully, a more sensitive and caring approach will help suicide rates drop considerably; prosecuting someone for trying to take one’s life is no solution. The problem in our country, however, is more to do with social stigma than the disease itself. Not just the person, who suffers from mental disorder, but also his family members are misunderstood. Hence, they face social exclusion. Subsequently, they are discriminated, harassed and even robbed of an opportunity to live a life of dignity. Resultantly, many family members either do not report about the condition to medical professionals, or opt out of counselling. It is here that this crucial piece of legislation comes as a relief in the sense that it makes an attempt to change India's outlook towards this health issue. The Bill calls for citizens, doctors and also family members to handle such patients with care, expert counselling, medical help and emotional support. A change in people’s perception and increased public awareness can remove the stigma. Besides, it also empowers the patients with the right to confidentiality. It gives them the right to choose their mode of treatment and provides them the freedom to direct their doctors on the kind of treatment they would prefer.
Yet another aspect of the legislation that deserves to be mentioned is the shift from the archaic and colonial policy of the Mental Health Act of 1987 — which was bereft of any sense of human right with an emphasis on institutionalised care. This was all the more important because India lagged far behind in making strides (in terms of advancements in medical facilities, treatment, resources etc) as compared to other liberal democracies in the world. Given that suicide rates have soared both at home and abroad — mental health contributes to 11.6 per cent of the global burden of disease — it is a matter of shame that two emerging economies, China and India together account for 30 per cent of the world's mentally ill, according to a lancet report. Back home, the situation is worse, as according to estimates, about five per cent of the population, which is roughly around 50 million individuals, suffers from mental health related problems. More worrisome is the fact that less than 10 per cent of them receive treatment. While the provisions of the legislation will go a long way to address the socio-cultural problem in our society, such efforts must be complemented with efforts on the part of the Government to ensure primary services, trained physicians, professional counselling and medical insurance.