2023-09-28 14:46:10 +00:00
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abstract: 'The Mental Healthcare Act, 2017 (MHCA) of India is a landmark and
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welcome step towards centering persons with mental illness (PwMI) and
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recognizing their rights concerning their treatment and care decisions
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and ensuring the availability of mental healthcare services. As
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mentioned in its preamble, the Act is a step towards aligning India''s
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laws or mental health (MH) policy with the United Nations Convention on
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the Rights of Persons with Disabilities (UNCRPD), which India ratified
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in 2007. Amidst several positives, the implementation of the Act has
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been marred by certain practical issues which are partly attributed to
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the inherent conceptual limitations.Countries across the globe, both
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High Income-and Low-and Middle-Income Countries, have enacted
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legislation to ensure that the rights of treatment and care of PwMI are
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respected, protected, and fulfilled. They have also provisioned
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quasi-judicial bodies (Mental Health Review Boards MHRBs/tribunals) for
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ensuring these rights. However, their structure and function vary.This
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paper compares the constitution and functioning of review boards across
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different countries and intends to provide future directions for the
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effective implementation and functioning of the MHRB under India''s
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MHCA.This review found that effective implementation of the MHRB under
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MHCA is compromised by an ambitious, six-membered, constitution of the
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MHRB, lack of clarity about the realistic combination of the quorum to
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adjudicate decisions, inadequate human and financial resources, and an
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overstretched area of functioning.Although MHRB has been envisaged as a
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quasi-judicial authority to ensure the rights of PwMI, it needs to be
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made more pragmatic. The size and composition of the MHRB currently
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envisaged is likely to be a barrier in the establishment of the MHRB as
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well as its functioning. A smaller composition (3-5 membered) involving
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one psychiatrist, one judicial/legal member, and at least one PwMI or
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member from civil society having lived experience of working with PwMI
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or caregiver, could be a more pragmatic approach. The passing of this
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law also necessitates increasing the overall health budget, especially
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the mental health budget with funds earmarked specifically for the
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implementation of the law, which necessarily includes setting up the
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MHRB. An evaluation of the implementation of the MHRB, including its
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determinants, would be a useful step in this direction.'
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affiliation: 'Gupta, S (Corresponding Author), All India Inst Med Sci AIIMS, Dept
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Psychiat, Bhopal 462022, Madhya Pradesh, India.
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Gupta, Snehil, All India Inst Med Sci AIIMS, Dept Psychiat, Bhopal 462022, Madhya
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Pradesh, India.
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Gill, Neeraj, Univ Canberra, Hlth Res Inst, Canberra, ACT, Australia.
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Gill, Neeraj, Griffith Univ, Sch Med \& Dent, Gold Cost, Qld, Australia.
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Gill, Neeraj, Gold Coast Hlth QLD Australia, Mental Hlth \& Specialist Serv, Gold
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Cost, Qld, Australia.
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Misra, Maitreyi, Natl Law Univ, Mental Hlth \& Legal Justice Syst, Delhi, India.'
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article-number: '101774'
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author: Gupta, Snehil and Misra, Maitreyi and Gill, Neeraj
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author-email: 'snehil2161@gmail.com
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maitreyi.misra@nludelhi.ac.in
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neeraj.gill@griffith.edu.au'
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author_list:
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- family: Gupta
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given: Snehil
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- family: Misra
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given: Maitreyi
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- family: Gill
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given: Neeraj
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da: '2023-09-28'
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doi: 10.1016/j.ijlp.2021.101774
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earlyaccessdate: JAN 2022
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eissn: 1873-6386
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files: []
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issn: 0160-2527
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journal: INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY
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keywords: 'Mental health legislation; Psychiatry; Review board; Tribunal; Mental
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health care act; India'
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language: English
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month: MAR-APR
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number-of-cited-references: '46'
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orcid-numbers: GUPTA, SNEHIL/0000-0001-5498-2917
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papis_id: 9107155a4c3cf5fbaca199f6095145e0
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ref: Gupta2022mentalhealth
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tags:
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- review
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times-cited: '0'
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title: 'Mental health review board under the Mental Health Care Act (2017), India:
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A critique and learning from review boards of other nations'
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2023-10-01 08:15:07 +00:00
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type: article
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2023-09-28 14:46:10 +00:00
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unique-id: WOS:000791993900003
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usage-count-last-180-days: '0'
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usage-count-since-2013: '3'
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volume: '81'
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web-of-science-categories: Law; Psychiatry
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year: '2022'
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