Jayna Kothari on Patient Autonomy in the Mental Health Care Bill, 2013

by Admin
August 20, 2016
Research
Disability Rights

Jayna Kothari is quoted in this Article, which discusses the extent of autonomy an “Advance Directive” provided for by the Mental Healthcare Bill, 2013, will provide to a patient of mental healthcare. An Advance Directive allows persons living with mental illness to create a document with instructions on how they must be treated and cared for in the event that they are incapacitated by an episode of illness.

Jayna argues in favour of patient autonomy in the context of mental illness and criticises Section 11 of the Bill, which allows doctors and relatives of a person to approach a Mental Health Review Board (MHRB) to modify or cancel the Advance Directive under certain grounds.

Some of these grounds allow revocation or cancellation of the patient’s Advance Directive, on the basis of the need for “informed consent” and conformity to Constitutional provisions and could be seen as contentious.

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