Goa govt is yet to notify Rules to implement The Mental Health Act

Prakash Kamat

Panaji,Janyary 24-- The mental health of children,adolescents, persons with disability, LGBTQs,senior citizens and women,all these marginalised sections of society, is a concern, especially with COVID-19 pandemic around. The pandemic has worsened existing uncertainties and distress. It has isolated children and adolescents from their social networks, resulting in anxiety and sleep problems. In addition, specific stressors linked to quarantine, health fears, financial loss and stigma pose as risk factors for negative and long-lasting psychological effects.  

Recognizing the difficulties for children in returning to school, there is need for mental health and psychosocial support services and child protection tips for teachers, school management and students, as well as referral pathways between schools and relevant authorities. 

In Goa the Mental Healthcare Act (MHCA) 2017 was gazetted on April 7, 2017 and came into force on May 29, 2018, with the objectives of providing mental health care and services for persons with mental illness and to protect, promote, and fulfil the rights of such persons during delivery of services.

It repeals the Mental Health Act, 1987, and it can be implemented only after the state rules are formedframed. The Centre has already made Central Mental Health Rules which had come into force on May 29, 2018. They are named Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018, Mental Healthcare (State Mental Health Authority) Rules, 2018, and Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018

According to Section 121 of MHCA 2017, the State government may, with the previous approval of the Central government, by notification, make rules for carrying out the provisions of this act, provided that the first rules shall be made by the Central government, by notification.

As the world continues to grapple with COVID-19, the conversation on meeting the mental health needs of children and adolescents needs to be accelerated, so that we can reimagine better services in a world where mental health is recognized as fundamental to overall health and well-being, and where it is integrated into universal health care.

On this background,it is indeed a big concern that the State has not notified, or even discussed the State Rules for Mental Healthcare Act (MHCA) 2017 even after three years of the Act coming into force. 

The Goa government and its Health authorities would do well to realise that the looming mental health crisis calls for better commitment and investment in system and with priority look into the matter and initiate a consultation process with all stakeholders to frame the Rules and then get the Rules notified at the earliest.(eom)