What are the Role of Police and Magistrate under Mental Healthcare Act, 2017?

What are the Role of Police and Magistrate under Mental Healthcare Act, 2017?

Homeless persons with mental illness (HPMI) suffer indignities due to shirking of all obligations by the society. In addition, the HPMI is denied all rights available to citizens, such as confidentiality, privacy, safety, right to practice religion, health, and the right to not suffer from inhuman treatment. In this context, the new Mental Healthcare Act (MHCA), 2017 has brought in a list of rights for HPMI, and this is a welcome sign. The MHCA has also taken away the mandated involvement of judiciary to provide care for the HPMI.

Every officer in-charge of a police station shall have a duty to take under protection any person found wandering at large within the limits of the police station whom the officer has reason to believe has mental illness and is incapable of taking care of himself. Police shall take the PWMI to the
nearest public health establishment as soon as possible but not later than twenty-four hours from the time of being taken into protection, for assessment of the person’s healthcare needs.

This is a welcome move and simplifies the process of providing care for the HPMI by preventing untoward delays. However, on the other hand, ground realities in terms of the systems and the existent infrastructure are far from satisfactory. Further work needs to involve all stakeholders to realize the true spirit of the Act. Apart from the speedy and strict implementation of its provisions, public–private partnerships are another way forward. There is an urgent need to invest in community facilities such as halfway homes, daycare centers, home again facilities, and clustered group homes

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