An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their properly and affairs and for matters connected therewith or incidental thereto.
It is well settled that when the language of the statute is clear and admits of no ambiguity, recourse to the Statement of Objects and Reasons for the purpose of construing a statutory provision is not permissible. Court must strive to so interpret the statute as to protect and advance the object and purpose of the enactment. Any narrow or technical interpretation of the provisions would defeat the legislative policy. The Court must, therefore, keep the legislative policy in mind in applying the provisions of the Act to the facts of the case2.
The law is well settled that though the Statement of objects and Reasons accompanying a legislative bill could not be used to determine the true meaning and effect of the substantive provisions of a statute, it was permissible to refer to the same for the purpose of understanding the background, the antecedent state of affairs, the surrounding circumstances in relation to the statute, and the evil which the statute sought to remedy.
STATEMENT OF OBJECTS AND REASONS OF ACT 14 of 1987
1. The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. Thus the mentally ill persons are to be treated like any other sick persons and the environment around them should be made as normal as possible.
2. The experience of the working of Indian Lunacy Act, 1912 ( 4 of 1912) has revealed that it has become out-moded. With the rapid advance of medical science and the understanding of the nature of malady, it has become necessary to have fresh legislation with provisions for treatment of mentally ill persons in accordance with the new approach.
3. It is considered necessary -
I. to regulate admission to psychiatric hospitals or psychiatric nursing homes of mentally ill-persons who do not have sufficient understanding to seek treatment on a voluntary basis, and to protect the rights of such persons while being detained;
II. To protect society from the presence of mentally ill persons who have become or might become a danger or nuisance to others;
III. To protect citizens from being detained in psychiatric hospitals or psychiatric nursing homes without sufficient cause;
IV. To regulate responsibility for maintenance charges of mentally ill persons who are admitted to psychiatric hospitals or psychiatric nursing homes;
V. To provide facilities for establishing guardianship or custody of mentally ill persons who are incapable of managing their own affairs;
VI. To provide for the establishment of Central Authority and State Authorities for Mental Health Services;
VII. To regulate the powers of the Government for establishing, licensing and controlling psychiatric hospitals and psychiatric nursing homes for mentally ill persons;
VIII. To provide for legal aid to mentally ill persons at State expense in certain cases.
4. The main object of the Bill is to implement the aforesaid proposals.
PREAMBLE
- It is established law that preamble discloses the primary intention of the statute but does override the express provisions of the statute. Although a preamble of a statute is a key to interpretation of the provisions of the Act, but the intention of Legislature is not necessarily to be gathered from the preamble taken by itself, but to be gathered from the provisions of the Act. Where the language of the Act is clear, the preamble cannot be a guide, but where the object or meaning of the provisions of the Act is not clear then an aid from the preamble can be taken into consideration for purpose of explaining the provisions of the Act.
It is now well settled that the preamble of a statutory instrument cannot control the express clear language and sweep of the operating provisions of such an instrument. Nor can the express language of a statutory provision be curtailed or read down in the light of the preamble in the absence of any ambiguity in the enacted provisions.
RIGHTS OF THE DISABLED WHO ARE MENTALLY ILL
Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights :-
1. A right to be admitted, treated and taken care of in a Psychiatric hospital or Psychiatric nursing home or convalescent home established or maintained by the Government or any other person for the treatment and care of mentally ill persons. (other than general hospitals , or nursing homes of the Government).
2. Even mentally ill prisoners and minors have a right of treatment in Psychiatric hospitals or Psychiatric nursing homes of the Government.
3. Minors who are under the age of 16 years, those persons who are addicted to alcohol or other drugs which lead to behavioral changes and those convicted of any offence are , entitled to admission, treatment and care in separate Psychiatric hospitals or nursing , homes established or maintained by the Government.
4. Mentally ill persons have the right to have regulated, directed and co-ordinated mental health services from the Government which through the Central Authority and the State Authorities set up under the Act have the responsibility of such regulation and issue of licenses for establishing and maintaining Psychiatric hospitals and nursing homes.
5. Treatment at Government hospitals and nursing homes mentioned above can be had either as in patient or as out-patients.
6. Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and minors can seek admission through their guardians. Admission can be sought for by relatives of mentally ill persons on behalf of the latter. Applications can also be made to the local magistrate for grant of reception orders.
7. The police have an obligation to take into protective custody a wandering or neglected mentally ill person and inform his relative and have to produce such person before the local magistrate for issue of reception orders.
8. Mentally ill persons have the right to be discharged when cured and entitled to 'leave' in accordance with the provisions in the Act.
9. Where mentally ill persons own properties including land which they cannot themselves manage, the District Court upon application has to protect and secure the management of such properties by entrusting the same to a Court of Wards, by appointing guardians of such mentally ill persons or appointment of managers of such property.
10. The costs of maintenance of mentally ill persons detained as in-patient in any Government Psychiatric hospital or nursing home shall be borne by the State Government concerned unless such costs have been agreed to be borne by the relative or other person on behalf of the mentally ill person and Do provision for such maintenance has been made by order of the District Court. Such costs can also be borne out of the estate of the mentally ill person.
11. Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether physical or mental) or cruelty. Nor can such mentally ill person be used for purposes of research except for his diagnosis or treatment or with his consent.
12. Mentally ill persons who are entitled to any pay, pension, gratuity or any allowance from the Government (such as Government servants who become mentally ill during their tenure) are not to be denied such payments. The person who is in-charge of such mentally ill person or his dependants will receive such payments after the Magistrate has certified the same.
13. A mentally ill person shall be entitled to the services of legal practitioner by order of the Magistrate or District Court if he has no means to engage a legal practitioner or his circumstances so warrant in respect of proceedings under the Act.
Informations collected from The Mental Health Act,1987 and Rehabilitation Council of India
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