Legal Status of Mentally Ill Patient
Journal Title: IOSR Journal of Dental and Medical Sciences (IOSR-JDMS) - Year 2017, Vol 16, Issue 2
Abstract
: According to World Health Organization Mental health is a state of well being in which individual realizes his or her own abilities, can cope with normal stresses of life, can work productively and fruitfully and is able to make a contribution to his or her community. Mental disorders are on the increase because of increasing stress in modern life. The most common mental disorders which need focus attention are - Depression, Schizophrenia, Alzheimer’s Disease, Epilepsy, Mental retardation, Substance-abuse disorders and disorders of childhood and adolescence. Legal rights of the mentally ill patient are protected and covered under the Mental Health Act, 1987 which has replaced old Indian Lunacy Act 1912 which are now being amended by 134th amendment of Mental Health Care Bill 2013. Currently, attempting suicide is punishable with imprisonment for up to a year and/or a fine under section 309 IPC. The New Bill decriminalizes suicide. It states that whoever attempts suicide will be presumed to be under severe stress, and shall not be punished for it. It is the duty of the State to prevent human rights of its citizen. In order to achieve that objective and with the motive to provide justice to all, Legal Services Authorities Act was enacted in the year 1987 and came into force in year 1996. Under this Act, Free Legal Services Authorities are created at National level, State level, District Level and Sub Divisional Level. Aim of the legal aid clinic is to provide free legal services to all the patients in the form of legal counseling, mediation, alternate dispute resolution, advocate services and also to assist in court related procedures such as payment of court fee, filing affidavits etc. National Legal Services Authorities has also issued guidelines to be followed by the legal services institutions while they provide legal services to the mentally ill persons and to those with mental disabilities.
Authors and Affiliations
Dr. Kuldip Kumar, Dr. Manpreet Kaul, Dr. Deep Rattan Mittal, Dr. Ashwani Kumar, Dr. Shekhar Chumber
Keywords
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- EP ID EP591260
- DOI 10.9790/0853-1602014952.
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