A Critique on the Mental Health Care Bill 2013

The Mental Health Care (MHC) Bill 2013 has its origin in the widespread presumption of inadequacy of Mental Health Act 1987 in protecting the rights of mentally ill persons. Central to this new Bill is the concept of “Advance Directives” which seeks primacy and respect for the ‘in advance’ stated wishes of the affected person on the line of treatment he/she prefers to be delivered. While this is noble, there could be serious concerns on the competency of the affected individual for making such directives. It is still uncertain whether this Bill can strike a balance between the practical needs of patients and caregivers in the Indian context, while complying with international conventions. Given the acute manpower shortage and the adverse ground realities existing in the current scenario, this expectation may be impractical. This article tries to address some of the pitfalls of the envisioned MHC Bill.