 bill no 189 of 2016 the mental health (amendment)  bill, 2016 byshri baijayant panda, mpa billto amend the mental health act, 1987be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the mental health (amendment)  act, 2016(2) it extends to the whole of india14 of 1987amendment of section 42  in section 4 of the mental health act, 1987 (hereinafter referred to as the principal act), for sub-section (1), the following sub-section shall be substituted, namely:—5"(1) every state government shall, within a period of six months from the date of coming into force of the mental health (amendment) act, 2016, by notification in the official gazette, establish an authority to be known as the state mental health authority" 3 in chapter iii of the principal act, after section 5, the following section shall be inserted, namely:—insertion of new section 5a10"5a every district hospital shall, within a period of six months from the date of coming into force of the mental health (amendment) act, 2016, establish or maintain a fully resourced psychiatric unit for admission, treatment and care of mentally ill persons"establishment or maintenance of psychiatric unit by every district hospital4 in section 6 of the principal act, the proviso to sub-section (1) shall be omittedamendment of section 65 in the principal act, after chapter iii, the following chapter shall be inserted, namely:—insertion of new chapter iiia15 "chapter iiia mentally ill persons—rights and other welfare measures14a every mentally ill person shall have the right to—(a) live in, be part of and not be segregated from society;rights of mentally ill persons20(b) live with dignity; (c) live in safe and hygienic environment;(d) privacy; (e) be protected from all forms of physical, verbal, emotional and sexual abuse; (f) adequate provision for wholesome and nutritious food; (g) access to good quality emergency facilities and emergency services;25(h) access to mental health care services and treatment run or funded by the state government; and(i) access to all such health care services as are available to persons with physical illness including health insurance for treatment of mental illness 14b for the purposes of section 14a, every state government shall—30state government to designate a health officer(a) designate a health officer in every district to compile the details of mentally ill persons residing in that district;35(b) integrate mental health services into general health care services at all levels of primary, secondary and tertiary health care and in all health programs run by the government;(c) make provision of community based rehabilitation of, and establishments of shelter homes for mentally ill persons;(d) ensure that every district hospital is equipped with mental health unit; and (e) meet, if minimum health services are not available in the district where a mentally ill person resides, all costs of treatment in some other district4014c every state government shall establish a mental health review board in every district to safeguard the rights of mentally ill persons"state government to establish mental health review board in every district amendment of section 246  in section 24 of the principal act, in sub-section (2), in clause (a), for the words "if the medical officer certifies" the words "if the medical board certifies" shall be substituted statement of objects and reasonsthe united nations convention on the rights of persons with disabilities,  which was ratified by the government of india in october, 2007, made it obligatory on the government to align the policies and laws of the country with the convention the need for amendments to the mental health act, 1987 was felt by the fact that the said act could neither protect the rights of persons with mental illness nor promote their access to mental health care in the country the need is to provide legislative impetus aimed at clearly outlining the rights of the mentally ill persons and facilities that need to be made available to themthe bill, therefore, seeks to amend the mental health act, 1987 with a view to, inter alia,(a) establish a state mental health authority by every state government; (b) establish or maintain a psychiatric unit for the admission, treatment and care of mentally ill persons in every district hospital;(c) confer certain rights to mentally ill persons; (d) designate a health officer in every district; and (e) establish a mental health review board in every district to safeguard therights of mentally ill personshence this billnew delhi;baijayant pandajuly 1,  2016 financial  memorandumclause 2 of the bill provides that every state government shall establish the state mental health authority clause 3 provides that every district hospital shall establish or maintain a psychiatric unit for the admission, treatment and care of mentally ill persons clause 5 provides that every state government shall meet the cost of treatment, establishment of rehabilitation and shelter homes and providing emergency services to mentally ill persons it also provides for establishment of a mental health review board in every district to safeguard the rights of mentally ill persons the expenditure relating to states shall be borne out of the consolidated funds of respective states however, the central government shall bear the expenditure in implementing the provisions of the act in union territories the bill, therefore, if enacted would involve expenditure from the consolidated fund of india though, at this stage, it is difficult to assess the exact expenditure, it is estimated that a sum of rupees one thousand crore would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexure extracts from the mental health act, 1987 (14 of 1987)    4 (1) the state government shall establish an authority for mental health with such designation as it may deem fit    state authority for mental health services24(1)     procedure on production of mentally ill persons(2) after the completion of the proceedings under sub-section (1), the magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home,—(a) if the medical officer certifies such person to be a mentally ill person, and    ———— a billto amend the mental health act, 1987————(shri baijayant panda, mp)gmgipmrnd—1511ls(s3)—25072016