The new Mental Healthcare Bill 2016 that decriminalises attempt to suicide and makes provisions to protect, promote and fulfil the rights of persons during delivery of mental healthcare and services, was passed by the lok Sabha on Monday. The Bill was passed by the Rajya Sabha in August 2016.
One of the key features of the Bill is that it separates attempt to suicide from the Indian Penal Code. In effect, IPC provisions cannot be invoked in case of an attempt to suicide. This has been done keeping in view that since the person undertakes the step in extreme mental stress — meaning it is triggered by mental illness — the person should not face criminal action.
Before the Bill was passed by the House by a voice vote, Health Minister JP Nadda said that the legislation also focuses on community-based treatment and provides for special treatment for women.
While replying to a debate on the Bill, Nadda described it as a “patient-centric” measure and said there was a need to empower the patients so that they could secure proper treatment.
The legislation has been brought after wider consultations with the stakeholders, he said.
“There were consultations at the regional level, as well at the Centre. After consultations with the stakeholders the Bill was sent to the Standing Committee and post amendments it came to Rajya Sabha. Most of the suggestions of the Standing Committee were accepted by the Government, the Health Minister said.
Stating that the 1987 Mental Act was institutionalised, the Minister said that in the present Bill, instead of the institution, the focus was on the community. The Bill is a “progressive legislation” and intends to take care of everyone in case of any exigency, he said.
In February this year, the Supreme Court had asked the Union Health Ministry to formulate guidelines for the rehabilitation of mental health patients in mental asylums.
Giving the Centre eight weeks to come up with these guidelines, the apex court has stated that it is inhuman and inherently wrong to make them live with those who suffer from mental illness. It also observed that the issue is immensely “sensitive” and that there is a definite need to have healthcare responses that centre on rehabilitation.