According to the Mental Health Act, 1987, who from the following make(s) the application for admission under special circumstances?

Appeared in: DSSSB 6 September 2024

Explanation

Under Section 17 of the Mental Health Act, 1987, the application for admission under 'special circumstances' is specifically designated to be made by a relative or a friend of the patient.
This provision applies when the individual with mental illness is unable to consent or express willingness for admission and treatment.
The application made by the relative or friend must be accompanied by two medical certificates to validate the need for admission.

Option A: A gazetted medical officer's role is to provide one of the two mandatory medical certificates supporting the application, not to initiate the application itself.
Option B: A magistrate is involved in issuing 'Reception Orders,' which is a separate legal pathway for admission, often for individuals found wandering or deemed a risk to public safety.
Option C: When a patient applies for admission themselves, it is classified as 'Voluntary Admission' under Section 15 of the Act.

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Admission procedures under the Mental Health Act, 1987 as background academic context rather than a clinical decision trigger.
It is crucial for nurses to understand the legal frameworks governing mental health care, as it dictates patient rights, admission procedures, and the nurse's responsibilities.
The shift from the MHA 1987 to the MHCA 2017 reflects a global move towards patient-centered, rights-based care. Nurses are key advocates for patient autonomy and rights under the new act.
What if? If the question referred to the current Mental Healthcare Act, 2017, the correct applicant for a person unable to consent would be the 'Nominated Representative' for a 'Supported Admission' (Sections 89 & 90), not a 'relative or friend' in general.

How to Approach the Question

First, identify the core of the question: it asks about a specific provision ('admission under special circumstances') within a specific law ('Mental Health Act, 1987').
This is a factual recall question based on legal knowledge in psychiatric nursing.
Recall the different types of admission procedures outlined in the MHA 1987.
Differentiate the roles of the patient, relatives, medical officers, and magistrates in these procedures.
Select the option that correctly identifies the applicant for the specific 'special circumstances' category.

Concept Tested & Keywords

Concept Tested: Admission procedures under the Mental Health Act, 1987
Stem keywords: Mental Health Act, 1987, application for admission, special circumstances
Lead-in keywords: who

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E6 Guide to Mental Health & PSYCHIATRIC NURSING R Sreevani— Part 2 (pp 290-564 of 579) p. 116-118

Practise the full DSSSB 6 September 2024

Attempt every question from this paper in a timed mock, then review the full solution for each one.