LAHORE: Expressing its concern over the possibility of misuse of mental health law to curtail liberty of a person, the National Commission for Human Rights (NCHR) has directed the Punjab government to consider amendments to the Mental Health Ordinance 2001 as proposed by a woman activist.
The NCHR passed instructions to the provincial secretary for Specialized Healthcare & Medical Education Department and the Punjab Healthcare Commission (PHC) on a complaint against the alleged misuse of the mental health law by male members of families in particular to deprive women of their inheritance.
Sehrish Sheikh, the complainant, also accused private rehabilitation centres of maltreatment of the patients and facilitating forced hospitalisation of women victims especially.
In order to ascertain the veracity of the complainant’s allegations, the NCHR directed the PHC to conduct an inquiry, including a surprise visit of “The Genius — Psychiatric & Addiction Treatment Centre” in Lahore which was alleged to have been involved in the maltreatment of its patients.
After complying with the instructions, a team of the healthcare commission informed the NCHR that the private rehabilitation centre was not found to be fully compliant with the regulations.
Therefore, the indoor service at the facility along with its owner Dr Shahzaib Shamim have been suspended.
Besides several discrepancies in the required standards, the PHC said, the owner of the rehabilitation facility portrays himself as a psychiatrist/neuropsychiatrist without having any postgraduate qualification in the respective field.
A representative of the commission’s team told the NCHR that it would ensure that all such psychiatric indoor facilities are run in accordance with regulations. He also stated that no amendment was required in the Mental Health Ordinance 2001, which caters to the needs as well as supervisory aspects of the private health establishment in Punjab.
In its order, the NCHR expressed satisfaction over the action taken against the delinquent private treatment centre staff, however, it noted that certain aspects of the mental health law needs to be looked into to prevent its possible misuse.
The national commission backs a proposal of the complainant for inclusion of an independent, government psychiatrist in the board for assessing the admission of a person to a private facility to ensure that no one is taking away the liberty of the person concerned.
“It is accordingly recommended that the Secretary, Specialized Healthcare and Medical Education Department may please look into the above aspects,” said the order issued by NCHR Punjab Member/Commissioner Nadeem Ashraf.
The order observed that a set of the amendments proposed by the complainant may also be considered for ensuring that the law is not misused for unnecessary curtailment of liberty of a person except justifiable circumstances.
The draft of the proposed amendments envisages a detailed risk assessment and approval from at least two mental health professionals before any emergency intervention, ensuring decisions are not made lightly.
It recommends that any relative with a financial or legal interest in a patients’ estate or property should be excluded from the decision-making about the patient’s mental health.
It also demands the protection of patients without relatives and a code regarding the relative’s role in the admission of the patients at the mental health facilities.
Published in Dawn, November 7th, 2024
