Towards A New Mental Health Act

Abstract

Mental health legislation was first enacted in India in 1858 three separate Acts (1) The Lunacy (Supreme Court) Act, 1858 relating to judicial inquisition as to lunacy in presidency towns; (2) The Lunacy (District Courts) Act, 1858 relating to proceedings outside presidency towns; and (3) The Lunatic Asylums Act, 1858 relating to confinement of lunatics in asylums. These were based on two English Acts namely the English Lunacy Regulation Act, 1853 and the Lunatics Act, 18531. The Indian Lunacy Act, 1912 was enacted to amend and assimilate the law relating to custody of lunatics in India with the English law on the subject and to re-arrange and consolidate as far as possible the whole law relating to lunatics (Statement of Objects and Reasons of the Indian Lunacy Bill, 1911). After Second World War the Universal Declaration of Human Rights was adopted by the UN General Assembly to ensure inherent dignity and the equal and inalienable rights of all people. India was a signatory to the Declaration. The need was felt to replace the Indian Lunacy Act, 1912 and the Indian Psychiatric Society (IPS) realized the need to enact new law in this regard and submitted a Draft Mental Health Bill to the Government of India in 1950.Dr. B.A. Bhagwat took active part in preparation of the draft. In 1978 a Mental Health Bill was introduced in the Lok Sabha and was later referred to a JPC headed by Dr. Sushila Towards A New Mental Health Act