The Rights of Persons with Disabilities Act 2016 and Psychiatric Care

Abstract

‘’Mr A is suffering from chronic mental illness with remissions and relapses. During relapse most of the time, he is unmanageable at home and needs hospitalisation. Two years back, he lost his parents. During a relapse in 2019, he needed hospitalisation, and nobody is there to pay hospital bills even though there is sufficient money in the bank. When relatives approached the honourable Court through an advocate to appoint a guardian, the request was denied saying that Mental Health Act 1987 is repealed and under Mental Healthcare Act 2017 (MHCA 2017) court has no provision to interfere in such matter as it has to be done by local boards constituted under MHCA. Unfortunately, in Kerala, no board is constituted under MHCA at the time of this incident. Under the provisions of the Rights of Persons with Disabilities (RPwD)Act, Section 14, the index patient was provided with a guardian to solve the financial issue under the provision of limited guardianship by District Court as Mental Illness is also a specified disability. (DOP 25/19, District Court Ernakulam)’’