For some time, the Ministry has been planning to amend the Mental Health Act, 1987, especially in the light of complaints of abuse of the law and of the rights of persons with mental illness. A decision was taken in January, 2010 to address the question of amendments to the Mental Health Act, 1987. Draft amendments to the Act were discussed intensively at consultations held in Chandigarh, Pune, Bangalore, Ranchi and Tezpur in mid-2010 following which an entirely re-written Draft Bill has been put into the public domain for discussion.
The Consultation would include representatives of all State Governments, doctors and administrators involved in the administration of the District Mental Health Programme (DMHP), representatives of care givers and all persons living with mental illness. In addition, representatives of the Ministries of Social Justice and Empowerment, Women and Child Development, Home Affairs and Legal Affairs have also been invited along with representatives of National Human Rights Commission (NHRC), etc.
Important issues likely to arise during the Consultation include the protection of rights of persons with mental illness, the need for greater focus on community care and issues related to the relationship between illness and disability. Legislation regarding disability is currently contained in the Persons with Disability Act, 1995 and The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The Persons with Disabilities Act, 1995 is currently also being separately discussed with a view to make major amendments.