Implementation of Mental Health Ordinance in Pakistan

The Mental Health Ordinance 2001 (MHO),which was promulgated in Pakistan in February 2001, is a law pertaining to mental health in general and to matters relating to persons with mental illness or with developmental delays in particular.

The MHO brings the definition and treatment of mental illness at par with current understanding and practice of mental health care. Its implementation can ensure that persons with mental illness or developmental delays are accorded their civil, legal and human rights. According to the MHO, Ministry of Health, (Government of Pakistan) will constitute the Federal Mental Health Authority, a 14-member body consisting of representatives from Federal and Provincial Health Ministries as well as 7 eminent psychiatrists. It is the task of the Federal Mental Health Authority to enforce the Ordinance by forming rules and regulations that translate into ethical, standardized and humane treatment and care for persons with mental illness or developmental delays.

The first Federal Mental Health Authority was formed in 2001 but lapsed in 2005 without achieving any significant progress in the implementation of the Ordinance. This authority was reconstituted in December 2008; it is now the start of 2010 and members of the reconstituted authority have not yet convened. The Ordinance is ineffectual unless and until rules and regulations are formed which make the Ordinance enforceable. The goal of this petition is to urge the Federal Mental Authority to initiate the process of implementation of the MHO.

Why is it important to implement the MHO 2001?

In the absence of an active law on mental health in Pakistan persons with mental illness or with developmental delays are:

• abused in the name of treatment, for e.g. chained at mazaars, chained to bed in a treatment facility or given electric shock treatment without anesthesia
• Families may abandon a relative who has severe mental illness or developmental delay
• Families may confiscate assets/property of a relative who has mental illness or developmental delay
• Families may falsely claim mental illness of a relative in order to confiscate his or her assets/property
• Prisoners/inmates with mental illness are housed along with other inmates instead of being treated/rehabilitated

Implementation of the MHO would mean:

• Prevention of abuse of persons with mental illness or developmental delays in the name of care/treatment
• Legal recourse for protection of property/assets belonging to such persons
• Legal recourse through appointed guardianship for persons with mental illness or developmental delays who are abandoned or abused
• Government would bear liability of cost of treatment for persons with mental illness who cannot afford their own treatment
• Separate housing and appropriate treatment/ rehabilitation for persons with mental illness who are detained in prison
• Clear and standardized rules for admission and treatment of persons with mental illness
• Responsibility of treating facilities to protect patients’ privacy and confidentiality

What’s in it for me?

If you have not suffered from a mental illness or do not have a relative who suffers from a mental illness or developmental delay, you are very fortunate and are in a position to make a difference for those who do. While you may not gain personally from being part of this drive, you can help make history by pushing for a law that addresses important issues related to mental illness and mental health in Pakistan.