The Hindu : IMH denies licence to nine institutions

Online edition of India's National Newspaper
Monday, Mar 25, 2002

Southern States

Southern States - Tamil Nadu

IMH denies licence to nine institutions

By G. Pramod Kumar

CHENNAI March 24. The State Government has rejected the licence applications of nine mental health institutions, disallowing them to run psychiatric hospitals, nursing homes and places where mentally ill people are kept.

Of the 45 applications received by the Institute of Mental Health (IMH), Kilpauk, which is the licensing authority, only 19 have been issued licence. The rest are under process.

Those who have been denied licence include `The Banyan', a home for mentally destitute women in Chennai, where an inmate leaped to death on Friday night.

Sources at the IMH said the refusal of licence was because of the applicants' non-compliance with the requirements of the Indian Mental Health Act, 1987.

The institutions, which were denied licence, have been asked to shift the patients to either their guardians or to licensed institutions.

The mental health services in the State, like elsewhere in the country, are governed by the Mental Health Act, 1987. According to the Act, running such homes without licence is illegal and could invite legal action.

Tamil Nadu notified the Act in 1993 and a State Mental Health Authority was formed in 1994. Subsequently, a licensing authority was constituted at the State-level and inspectors were notified at all medical colleges.

Though it was legally mandatory in the State since 1993, licensing became an important issue only after the Erwadi incident. Under the provision of the Mental Health Act, ``no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid license.''

Such homes or hospitals include places ``for the treatment and care of the mentally ill persons.''

Though the macabre incident at Erwadi, where 28 mentally ill persons were charred to death in August 2001, had raised the entire spectrum of issues related to mental illness, particularly the safety of the affected, the situation has not improved significantly. A number of homes either treating them or housing them are still unlicensed and their facilities, far from satisfactory.

Another issue that assumes significance is the facilities available and the safety of the inmates. According to mental health experts, though there are no clear guidelines on the construction of homes dispensing mental health services and housing mentally ill people, multistorey buildings without adequate safety systems should be avoided. Multistorey facilities are used abroad, but they have fool-proof security systems, say experts.

Unlike other states, Tamil Nadu, which has made giant strides in the human development sector, is yet to make any headway in the sensitive handling of the mentally ill. The State has not been effective in mobilising an effective civil society response leaving most of the affected to unsafe and illegal facilities. Faith-healing continues to be practised at places such as Goripalayam, Courtallam, Pandimadam and Gunaseelam.

Health Department officials say the only way out is to strictly enforce the provisions of the Mental Health Act. Out of the 45 institutions, which have applied for license, many have been found to be deficient in facilities as required by the Act. However, they are still running such places with impunity showing scant respect for the lives of people who are unable to protect themselves.

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