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HUMAN RIGHTS MONITOR

Repeal Lunacy Act

Fayazuddin Ahmad
Legally speaking, a 'Mentally Retarded' is that person who significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behaviour and manifested during the developmental period, which adversely affects a child's educational performance; where a 'Mentally ill' person is s/he who is suffering from mental illness or mental disorder, as defined in psychiatry and other mental health professions.
While for mental illnesses, the dominant perception of the issue is of course biased to a bio-medical understanding of health, which barely goes beyond a human body. The explanation of mental illness and intellectual disability may appear to be identical to the general audience. And that exactly happened in our context as well. Intolerance of the so-called normal majority portion of the society towards any form of human otherness performs from behind the scene.
United Nations Convention on the Rights of Persons with Disabilities (CRPD) has already become effective as one of the international human rights law has overtly outlined its outreach by saying persons with disabilities include those who have longterm physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
On February 2001, the Pakistan Mental Health Ordinance came and the Lunacy Act of 1912 consequently stood repealed. The Ordinance used the term “mental health" as a part of its tide and defines the converse-mental disorder as "mental illness, including mental impairment, severe personality disorder, severe mental impairment, and any other disorder or disabling of mind..." (Secdon 2(1) and (m) of the Pakistan Mental Health Ordinance 2001). In India, the Mental Health Act of 1987 repealed the Lunacy Act. Under this new legisladon, the central supervision of all mental hospitals became a reality. This is a fundamental change in the management of mental hospitals.
In the Bangladesh Constitution, namely Article 27,28 and 29, it has been categorically mentioned that all citizens are equal before law and are entided to equal protection. Constitution's core spirit is that there shall be no discrimination against any citizen on any grounds. There is a National Health Policy with no reference of any kind about Mental Health and/or services for the persons with mental illnesses. National Health
Policy of Bangladesh reiterates state's responsibility and obligations under the Constitution (Article 15a, 18-1).
We must remember that persons with mental illnesses have distinct and unique requirements. Any legislation drafted for them should provide first the option of institutional care, subject to the need and informed consent of a mentally ill person. It is really critical to study the element of consent involved in supervisory care and medication for which an independent legislation is required which could address the complexities. Secondly, address the vulnerability of the mentally ill persons who are constantly exposed to abuse and exploitation/ violence.
The Lunatic Asylums Act of 1858 was the first law solely governing persons with mental illness. This later was repealed, by the Lunacy Act, 1912, still prevailing in Bangladesh. It is really a pity that still, legally (and may be also socially); we are recognising persons with mental illnesses as a lunatic and/or azzyj insane disrespecting their position as a human being.
It would be more effective if a fresh beginning could be triggered from the education system at all level- tagging that to medical colleges for updated and expert understanding- and build a team effort with efficient practitioners, psychiatrists, nurses and families of individuals with mental illnesses. Information on how to behave with persons with mental illnesses, how to improve family care, knowledge on medicines and treatment regimes and what treatment can be done in the community mental health and understanding of how to interact and work with them should be disseminated at all level. NGOs should take the responsibility to build the capacity of the CBOs to do this. They will have to be skilled up in community mental health development and given extra resources to do the research and policy work.
Until communities are aware that they should not think persons with mental illnesses as a burden and treat them badly no policy or act would be enough. Government need to draft a policy and to get people treatment Systems of medical institutions need to be improved so that there are more trained people and more places to get help.
THE WRITER IS AN ADVOCATE AND SOCIO-LEGAL ANALYST.