Some of the problematic areas of the legislation are
a) definition of certain terms like *mental health establishment*
b) Capacity to consent for treatment (most problematic one)
c) Advance Directives
d) Nominated Representative
e) All issues /problems / litigation will be heard in *mental health board* which is a civil court (quasi judicial body). Now most of the issues can be challenged in the Mental health board free of cost to the patient. Psychiatrist need to be there or hire a lawyer to defend.
No compensation for the time
Patient can also give complaints in medical council, consumer court, civil court, human rights commission, criminal court etc
f) certain treatments are banned (ECT in children) need to take special permission
g) certain procedures are banned like seclusion
h) all research in mental health needs to get approval of *Mental health* authorities along with other existing once
i) Sec 107 and 108 prescribe severe punishment like two years imprisonment for not following the law
Brief problems of the present mental health care law ……… these are the few challenges one need to face
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