Comparing legislation for involuntary admission and treatment of mental illness in four South Asian countries

Abstract

BackgroundInvoluntary admission or treatment for the management of mental illness is a relatively common practice worldwide. Enabling legislation exists in most developed and high-income countries. A few of these countries have attempted to align their legislation with the United Nations Convention on the Rights of Persons with Disabilities. This review examined legislation and associated issues from four diverse South Asian countries (Bangladesh, India, Pakistan and Sri Lanka) that all have a British colonial past and initially adopted the Lunacy Act of 1845.MethodA questionnaire based on two previous studies and the World Health Organization checklist for mental health legislation was developed requesting information on the criteria and process for involuntary detention of patients with mental illness for assessment and treatment. The questionnaire was completed by psychiatrists (key informants) from each of the four countries. The questionnaire also sought participants’ comments or concerns regarding the legislation or related issues.ResultsThe results showed that relevant legislation has evolved differently in each of the four countries. Each country has faced challenges when reforming or implementing their mental health laws. Barriers included legal safeguards, human rights protections, funding, resources, absence of a robust wider health system, political support and sub-optimal mental health literacy.ConclusionClinicians in these countries face dilemmas that are less frequently encountered by their counterparts in relatively more advantaged countries. These dilemmas require attention when implementing and reforming mental health legislation in South Asia.

Protecting Mental Health Data Privacy in India: The Case of Data Linkage With Aadhaar

“…81 While mental health literacy has improved in Sri Lanka, the absence of consensus among stakeholders and legislative delays have hindered recent attempts to develop a new mental health act to replace the existing Mental Diseases Ordinance of 1956. 84 Abbreviation: GDPR, General Data Protection Regulation. data safety policies are not yet well-established.…”

Mental Health Laws and Legislation: An Inchoate System in Pakistan

“…Overall, despite the resemblances and numerous differences within the legislation, all of those four countries stated above Pakistan, India, Sri Lanka and Bangladesh they share some mutual deliberations concerning about the practical facet of implementing their laws in their several countries; for instance, unwell developed mental state facilities, poor mental condition attainment and because of lack of satisfactory resources. It is of quite importance that with the 28 years once the legislation of the mental state Act 1987 in India, solely 11% of the Indian federations have formal mental health rules in situ, and seemingly many of the nations are still unaware of these procedures (Dey et al, 2019).…”