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MS.c (n)1st yr.
Law comes in contact with psychiatry at many
points; for example, admission of a mentally ill
person in a mental hospital.
After a careful consideration of all details by a
Select Committee the bill was passed as the
Indian Lunacy Act, 1912.
The ILA had 8 chapter. The lunacy act of
England have 10 chapter which are
applicable for whole of the country.
The definitions of the of “India” the
asylum, medical practitioner and the
lunatic.
Who Will Judge Them ,
What Will Be The Care For Them and
After The Court Order Who Will Be
Responsible For Their Property And
Belongings.
Reception of Lunatics.
( Like no person other than criminal lunatic or
a lunatic ,so found by inquisition shall be
received or detained in an asylum without a
reception order save as provided by sections
8, 16 and 98 )
Procedure upon petition for reception order.
Detention of lunatic pending enquiry.
Consideration of petition
Order. Further provisions as to reception
orders on petition. Power to appoint
substitute for the
person upon whose application a
Reception order has been made.
Reception order in case of lunatics from
foreign States in India.
Reception order in case of wandering and
dangerous lunatics.
Detention of alleged lunatic, pending report
by medical officer. Reception and detention
of criminal lunatics
.
care
treatment visitor
1. Appointment of visitors.—(1) The 1[State
Government] shall appoint for every
Asylum not less than three visitors, one of
whom at least shall be a medical officer.
The Inspect or-General of Prisons (where
such office exists) shall be a visitor exofficio
of all the asylums within the limits of his
jurisdiction.
Monthly inspection by visitors.
Inspection of criminal lunatics by Inspector-
General or visitors
Discharge of lunatics
Order of discharge from asylum by visitors.
Discharge of lunatics in other cases and of
European military lunatics.
Removal of lunatic
Escape and re-capture
Proceedings in Lunacy in Presidency-towns:
The courts having jurisdiction under High Courts
of Judicature at Fort William, Madras and
Bombay.
Judicial powers over person and estate of
lunatic.
Management and administration
Power to dispose of lunatic's property for
certain purposes.
Vesting orders
Power to order transfer of stock belonging to
lunatic in certain cases.
Proceedings in Lunacy outside
Presidency-towns
Inquisition:
District Court and finding thereon
Custody and management.
Power to direct Collector
Power to District Court to appoint guardian and
manager.
Relative may sue for an account.
Proceedings in lunacy to cease or to be set aside
if the court finds that the unsoundness of mind
has ceased.
• State Government may establish
or licence the establishment of
asylums. –
Inspection
Leave of absence
Removal of mentally
ill persons
Judicial inquisition regarding :
Alleged mentally ill person,
Possessing property ,
Custody of his person and
The management of his property.
A guardian& manager may be appointed by
the court.
Liability to meet the cost of maintenance of
the mentally ill persons admitted in the
psychiatric hospital or nursing homes.
Aimed for the protection of the human rights.
No mentally ill shall be subjected , during
treatment ,to any indignity(whether physical or
mental) or cruelty.
No mentally ill person, under treatment shall be
used for the purpose of research , unless Such
research is of direct benefit to him.
A consent has been obtained in writing from the
person(if a voluntary patient) or from the
guardian /relative (if admitted involuntarily)
No letter or communication sent by or to a
mentally ill person shall be intercepted,
detained or destroyed.
penalties and the procedure of the mentally
ill person .
states the various rules for detention and
the mentally ill prisoners and their trials.
Miscellaneous section:
In addition the state mental health rules ,
1990( which all contain the none important
forms required by the mental health Act.
1987) and the central mental health
authority rules , 1990, have also passed by
the Government of India o December
29,1990.
There
is a very important role of law in the
management, treatment and care of the
mentally ill person
Ahuja N.A SHORT TEXT BOOK OF PSYCHIATRY. 6th
. edition. Jaypee brothers medical .
publishers;New Delhi,2006.Pp-244-50.
Mental Health Act, 1987 with short notes (1987),
Lucknow Eastern Book Company.
Sharma, S. D. (1990) Mental Hospitals in India New
Delhi, Directorate General of Health Services.Pp 53-
60
Somasundaram, O. (1987) The back ground of Indian
Lunacy Act, 1912. Indian Journal of Psychiatry, 29, 3-
14.
Trivedi, J. K. (2002) The Mental Health Legislation:
An ongoing debate (editorial) Indian Journal of
Psychiatry, 44(2), 95-96.