Mental Hospital Lagankhel
Mental Health Nepal
The legal status of the mentally ill
There is no separate Mental Health Legislation as yet in the country. The existing laws and regulations regarding mental health problems are scattered, inadequate and outdated. The Civil Law (Muluki Ain) in some of the sections has legal provisions concerning insanity. This law was enacted in the year 1964.There is no separate Mental Health Legislation as yet in the country. The existing laws and regulations regarding mental health problems are scattered, inadequate and outdated. The Civil Law (Muluki Ain) in some of the sections has legal provisions concerning insanity. This law was enacted in the year 1964. |
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| The prevailing law in Nepal neither defines “insane person” nor provides procedure to determine insanity. However insanity is understood as a psychotic state ( Magaj bigreko ) Insanity is a disqualification to be engaged and shoulder any responsibility such as government service, other services, political activities etc. Any document signed by insane person is not valid unless he/she signs in front of the guardian. In the chapter for medical treatment of Civil Law, section 6 says “insane people should be kept in hospital or in jail for treatment till he is completely cured. Jails do not have treatment facilities for such clients. At times, psychiatric patients from jail are brought to the Mental hospital for consultation and treatment. As far as admission and treatment in mental hospital is concerned, patients are admitted either with the patient’s consent or with the consent of patient’s guardians. Guardian has to stay with the patient, in the hospital, during the period of treatment. The Civil Law under marriage chapter (section 4&5): complete insanity is a condition for man to remarry but same right is not accorded to women. Criminal responsibility of the legal insanity is based on McNaghten case (1843) that is “to establish a defense of insanity, it must be clearly proved that at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong”. The need for a separate Mental Health Legislation which is implementable and which protects the fundamental rights and freedom of mental patients as human being was felt long back. National seminar on “Community Mental Health Service: Grounded in Reality” was held on July - 2, 1992 in Kathmandu. This seminar was attended by mental health specialists, representatives from Ministry and Department of health services, Institute of medicine and United Mission to Nepal. This seminar recommended the formation of the legislation; a National Mental health Act that would ensure the rights of the mentally ill and demands for their care, at the same time it would make the government committed to the cause. A National seminar on mental health was again held from 25-26th April, 1994. Need for mental health legislation was again discussed. Need for a clear cut legislation safeguarding human right of the mentally ill, civil responsibilities towards mentally ill, criminal responsibilities towards the mentally ill and procedure for discharge for the mentally ill after treatment were considered. A seven member committee was formed with consultant psychiatrist of mental hospital as chairperson and advocate, representatives from Ministry of health, law commission, institute of medicine and Ministry of law and justice as members to draft mental health legislation and submit this draft legislation for comments to His Majesty’s Government and to other concerned bodies. This committee was also asked to amend this draft in the light of these comments and to follow this legislation until it has been passed through the House of Parliament. This draft is now in the Ministry of health. |
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