THE MENTAL HEALTH ACT, 1987

THE MENTAL HEALTH ACT, 1987

(No. 14 of 1987)1

[22nd May, 1987]

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.

STATEMENT OF OBJECTS AND REASONS OF ACT 14 of 19872

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.