Fate of the ordinance
By Dr Asma Humayun
“MENTALLY ill people in the developing world are being badly neglected. Mental illness makes up about 14 per cent of global disease, more than cancer or heart disease. Up to 800,000 people commit suicide each year, mostly in poorer countries. Ninety per cent of sufferers in developing countries receive no care — and in some cases are chained to trees or kept in cages.” (BBC Sept 4)
These stark facts clearly reflect the conditions of the mentally ill in Pakistan as well. Only a handful has access to medical care. They too are at the mercy of a system which is not held accountable at all. Shocking stories of the brutal treatment meted out to the mentally ill continue to be repeated day in and day out. The mentally ill are still being subjected to the wicked ways of traditional faith healers. They are viciously detoxified at commercial drug centres, and are chained and abused at home.
It is common to see them being forcibly dragged for treatment at the hospitals or put behind bars for crimes that they are not responsible for. They are sadistically deprived of their basic rights and their property is seized by malicious relatives. Even today, children in the streets insult and attack them. Quite clearly, the mentally ill need to be protected. There is a much greater need for legislation for them because of their unique vulnerability.
Mental illness affects the way people think and behave and, sometimes but not always, their ability to make decisions. Therefore, they may not always seek and accept treatment. They face stigma, discrimination and marginalisation in society. As a result, they are offered service of inferior quality, if at all there is one. Such marginalisation and discrimination obviously increases the risk of violation of their civil and human rights.
Infrequently, they may pose a risk for themselves or the safety of others due to the impairment of their judgment and associated behavioural disturbances. Hence there is a need to protect them, their family members, neighbours and society at large.
Legislation helps achieve an adequate balance between individual rights to liberty and society’s need for protection. It ensures that those with mental illnesses receive appropriate healthcare, and protects their rights when care is either offered voluntarily or enforced compulsorily.
But legislation provides for much more than just ensuring treatment of the mentally ill in hospital. It provides a legal framework to address critical mental health issues such as access to treatment, provision of high quality care, full integration of people with mental illness in the community, protection of their civil rights and promotion of mental health in different sectors of society.
Some developing countries still do not have relevant laws while others continue to rely on obsolete ones dating back 80 to 90 years. Until 2001, Pakistan was no different. The Lunacy Act 1912 regulated everything to do with the mentally ill.
In view of the urgent need to update and consolidate the legal provisions for all related issues, a comprehensive legislation was promulgated in Feb 2001 known as the Mental Health Ordinance 2001. This was not easily achieved. It came about as a result of a long struggle waged by psychiatrist bodies in the country. One had hoped that this would prove to be a landmark in the history of mental healthcare in Pakistan.
Unfortunately, it did nothing much to change the situation on the ground. It failed to ameliorate the condition of the mentally ill because six years have passed and it still has to be implemented. The machinery that was to be set up is still waiting to be created. This delay is disconcerting.
Since mental health has low political priority and is competing with other health needs for the authorities’ attention and for national resources, it tends to be relegated to the backburner.
The first meeting to plan the implementation was held on April 21, 2001. It was admitted that the promulgation of the Mental Health Ordinance was by itself not enough. It had to be implemented in a worthy and meaningful manner to create a positive impact on the common man. Action, therefore, needs to be taken immediately in the appropriate direction.
As an immediate step towards implementation, the Federal Mental Health Authority (FeMHA) was constituted and its functions were clearly defined. The first meeting of FeMHA was held on December 29, 2001. The agenda included plans to develop national standards for treatment; prescribe procedures for the setting up of mental health services; develop a code of practice; define the registration procedure for psychiatrists and initiate the setting up of a board of visitors at the provincial level.
By the end of that meeting, committees were formed to delegate the agenda tasks. In the last six years, this authority may have held a few meetings but that is about all. The authority had a clear agenda, well-defined strategies and a possible timeframe. So what went wrong? Did it not have the mandate? Was the task beyond its capacity? Did they lack the necessary administrative and financial support to deliver? Did it need consensus-building?
The other stakeholders who are involved, but “not involved”, in the process include politicians, policymakers, government ministries (health, social welfare, law, finance), professionals including psychiatrists, psychologists and social workers, service users (patients and their families), advocacy groups, service providers including non-governmental organisations, civil rights groups, religious organisations and congregations of communities.
A broad consensus amongst various stakeholders is necessary before any further steps can be taken. There have been occasional debates about the content and strategies for implementation at professional forums. Although the legislation was drafted with care, it may not be perfect. If there are any concerns relating to the legislation, these must be addressed.
Public education and awareness campaigns to highlight the substantial provisions of the legislation, more particularly the rationale and philosophy underlying these changes, are required. Media strategies can be most useful in raising awareness. Mental health advocacy groups can also play a major role. It is important to lobby key members of the government, ministries, legislature and political parties.
Key informants and focus groups with users need to be interviewed to identify the main barriers towards implementation. If there is shortage of mental health manpower, or resistance from professionals, training programmes should be arranged for key groups. If there is insufficient funding to develop the mechanisms needed to implement the law, partnerships with key stakeholders must be established.
Has there been lack of coordinated action among various stakeholders, lack of awareness, limited manpower resources or financial and procedural issues? Or is there simply a lack of will to bring about a change? Whatever the obstructions in the way of further action in adopting this legislation, we must realise how crucial its implementation is.
The promulgation of an ordinance is only the beginning of a process and not an achievement in itself. Achievements come only when the common man benefits.
The writer, an assistant professor of psychiatry, worked on the drafting of Mental Health Ordinance 2001.

