Human Rights advocacy
Enact the Mental Health Act
Fayazuddin Ahmad
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dailylife |
Like every other human being, mentally ill people are entitled to dignity, respect, and to be valued equally. Bangladesh Constitution categorically (Article 27, 28 and 29) mentioned that all citizens are equal before law. In Articles 15, 17, 19 and 20 it provides for fulfilment of basic necessities of life including health services and equality. Article 25 (1) of the UDHR clarifies “everyone has the right to a standard of living adequate for the health and well-being in circumstances beyond his control.”
In reality huge number of mentally ill people and their families in Bangladesh are deprived of access to appropriate services every day. The only mental hospital established in 1957 was shifted to present premises in Pabna in 1958. In 1974 the Department of Psychiatry was established in the Dhaka Medical College Hospital and thereafter other Medical Colleges followed. In effect, there are two mental institutions, the National Institute for Mental Health and the Pabna Mental Hospital. In most of the medical colleges -- in everyday services -- psychiatrists are struggling with minimum or no budget and proper support staff.
The National Health Policy of Bangladesh reiterates state's responsibility and obligations under the Constitution but in none of its fifteen aims the issue of mental health was addressed. The only law that talks about mentally ill people is the age-old Lunacy Act of 1912. It is really a pity that till now we are recognizing mentally ill people as a lunatic/insane disrespecting them as a human let alone how 'we' treat. This law in no place ensures the rights of mentally ill people, rather considers them a burden of the society. The enactment of the Lunacy Act, 1912 had a far-reaching consequence and impact on the whole system of present mental health services.
According to the UN principles for the protection of Persons with Mental Illness of 1991 “all persons with a mental illness shall be treated with humanity and respect”. Further in the ICESCR (Article 12) it is recognized that everyone has the right to the enjoyment of the highest attainable standard of mental health. If we seek sustainable change, these people must be helped come out of social stigma that will facilitate their involvement in the mainstream of life.
In the sub-continent India replaced the Lunacy Act of 1912 with the Mental Health Act of 1987. In 2001, the Pakistan Mental Health Ordinance came into being which repealed this 1912 Act. These laws discarded terms like 'lunatic' and provided more comprehensive set of definitions. This transformation would require a minimum level of sensitivity on how to behave with mentally ill people, how to improve family care and what treatment can be done in the community with understanding of how to interact and work with them. The Government of Bangladesh should immediately repeal the existing Lunacy Act and along with other stakeholders start drafting and enact a Mental Health Act, which could be the guiding mechanism towards establishing rights of the mentally ill people of Bangladesh.
The writer is Legal Researcher-Consultant.
