Today our topic of discussion is Order of Discharge.
Order of Discharge
Order of Discharge on the Undertaking of Relatives or Friends, etc. for Due Care of Mentally ill Person (Fig. 32.5)
- Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 22, 24 or 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge.
- Where an application is received, the authority shall, on application to the medical officer in charge. such relative or friend furnishing a bond, with or without sureties for such amount as such authority may specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged.
Discharge of Person Subsequently Found on Inquisition to be of Sound Mind
If any person detained in a psychiatric hospital or nursing home in pursuance of a reception order made under this Act is subsequently found, on an inquisition, to be of sound mind is capable of taking care of himself and managing his affairs the medical officer in charge shall forthwith on the production of a copy of such finding duly certified by the District Court, discharge such person from such hospital or nursing home. Apart from Admission and Discharge detailed procedures have been laid down under various sections of the MHA for (to mention a few).
- Being taken into custody by the police, confinement and security of mentally ill persons or prisoners in a mental hospital
- Ensuring proper care and custody to a mentally ill person by his legal relatives, through the police stations
- For safety in hospital or during leave or absence or transfer to another hospital.
- Safe custody and protection of property of the patient. Physical or mental cruelty to mentally ill patients is forbidden. Similarly, conduct of research on a mentally ill patient is forbidden, unless voluntarily consent from patient or relative is obtained. The human rights of a mentally ill person are protected penalties and fines for contravening the provisions of the Act have been discussed in various sections of the MHA.
Read more: