Court procedure not needed to admit patient to mental hospital: CJM
   Date :15-Jan-2020

Court procedure not neede
 
By Dheeraj Fartode :
 
AS THE Mental Health Review Board has not been established in the district, family members can directly admit patients suffering from psychiatric and mental illness to the mental hospital, Renuka Satav, Chief Judicial Magistrate (CJM), Nagpur, has stated. The Mental Healthcare Act 2017 came into effect in July 2018. The Act has empowered Medical Officer or Mental Health Professionals of admitting patient at mental hospital under Section 86, 87 and 89. The new Act does not require family members or police to write an application to the court for admitting the patient in the hospital.
 
After the act came into force in July, 2018, the court had issued a circular on October 20, 2018 to follow the new rules. However, State Public Health Department had issued a circular on January 1, 2019 with directives to follow old act that requires court’s procedure for admitting patient. As the health department’s circular lapsed on January 5, 2020, CJM Satav ordered to follow the new Act. “No one has brought it to the notice of the court about formation of Mental Health Review Board (MHRB) in the district. However, period of Public Health Department’s circular lapsed on January 5, 2019,” she said.
 
The CJM further said, “In such circumstances, patient himself, his relatives/ friends or social organisations can themselves admit the patient to the mental hospital without reception order from this court.” Under Section 100 (3) of the new Act, police can also directly admit mentally ill persons roaming on the road. In exceptional cases, police can file report in the court under Section 101 and 202 of the Act. Dr Pravin Navkhare, Superintendent of Regional Mental Hospital said that the decision of admission and discharge would be taken by the doctors and report will be sent to MHRB.
 
In absence of MHRB at district level, the report would be forwarded to State Mental Health Review Board. “We have already sent a letter to the Government for formation of eight Mental Health Review Boards in the State,” he said. “If a patient approaches the board alleging human rights violation by forcibly admitting to mental hospital in spite of having good mental health, then the board may take decision and initiate action against the doctor for false medical report,” said Dr Navkhare and claimed that two such cases were reported in Delhi.
 
“10% population has psychiatric disorder” A SENIOR doctor informed that an estimated 8-10 per cent of the population lives with some kind of psychiatric disorder, ranging from depression and anxiety to schizophrenia and alcohol and drug abuse in India. “However, only a few of them get treated due lack of public awareness and India having just 0.3 psychiatrists for 100,000 people,” the doctor said.