DICTATION EXERCISE - 38

Hon. Chairman Sir, I thank you for giving an opportunity to speak on a very important and beautiful legislation which our Parliament is going to pass. I fully support this Bill and take this opportunity to congratulate both the Governments- the UPA Government and the NDA Government -for bringing such a comprehensive Bill to protect and promote the interests of persons having mental disorder. This is a model legislation as far as this Parliament is concerned. I am saying so because we have seen how the Finance Bill has been approved by this House. As far as this Bill is concerned, it had the scrupulous scrutiny of its entire provisions. The matter had also gone for the scrutiny of the Standing Committee. The Standing Committee had a very detailed discussion and submitted several recommendations. Most of the recommendations of the¹⁴⁰ Standing Committee have been approved by the Government. All the stakeholders have been taken into confidence; the States were consulted.¹⁶⁰ Detailed discussions took place in Rajya Sabha. Now, it has come for consideration before the Lok Sabha. So, this will establish the fact that in order to have a fruitful and effective legislation definitely scrupulous and micro level scrutiny of each and every provision of the Bill is highly essential. That is why we are able to have a good and beautiful legislation. This is a perfect legislation. Hence, I fully support the Bill and also take this opportunity to congratulate the Minister for bringing such a comprehensive Bill for the consideration of this House.

One of the major reasons for mental illness or mental disorder is the lifestyle factors such as lack of physical exercise, unhealthy eating, inappropriate use²⁸⁰ of technology, night shift duties increasing the rate of depressing, anxiety disorders, and substance abuse. It is surprising to know that in India six to seven per cent of the population is suffering from mental illness. Further, one to two³²⁰ per cent of population suffers from severe mental disorders such as schizophrenia, bipolar disorder, and alcohol and drug abuse. When we consider the number of persons affected or suffering from mental illness, the medical infrastructure available to address mental illness is very poor. India has got just 0.3 psychiatrists for one lakh people when compared to 1.7 psychiatrists per one lakh people in China. This means, over 50 per cent of the mentally ill persons in India do not have access to mental healthcare. That is the real, factual situation prevailing in our country. In this background, how can we⁴²⁰ address the issue of mental healthcare and how are we to address it? A holistic approach is highly essential so as to address the issue of mental healthcare for which we have announced the National Mental Health Policy in the year 2014. It also gives a direction that the mentally ill person should be given a life of dignity and⁴⁸⁰ access to sound medical and psychiatric care. Persons with mental illness constitute a vulnerable section of our society and are subject to social stigma and discrimination. This has to be dealt with. So, mental healthcare, social stigma and discrimination, and also rehabilitation are aspects which are well addressed in the Mental Healthcare Bill, 2016.

I am now coming to the provisions of the Bill. India has ratified the United Nations Convention on the Rights of Persons with Disabilities in the⁵⁶⁰ year 2007. This Bill is to comply with the commitment which we have made in the UN Convention. The Mental Health Act, 1987 which is an existing legislation unfortunately is not sufficient to meet the purpose which is being enunciated in the UN Convention on the Rights of Persons with Disabilities. Hence, we have to repeal that Act also. Coming to the provisions of the various clauses and the provisions of the Bill, the long title of the Bill is⁶⁴⁰ itself very comprehensive. The entire scope and ambit of the Bill is well embedded in the long title itself. That is why I say that this is a very good drafting of the legislation. Each and every provision of the Bill has been well scrutinized and it is a pucca and perfect Bill. The long title as well as each⁷⁰⁰ and every clause of the Bill is perfect and pucca because it has had a detailed scrutiny done by Parliament and outside the Parliament also. I have moved 13 amendments. I request the hon. Minister to kindly go through the amendments. Out of these 13 amendments, six amendments will help the Government and make the provisions more clear. I urge upon the Government to kindly consider these amendments in a positive manner. With these words, once again I wholeheartedly support this Bill for having such a beautiful and comprehensive legislation which the 16th Lok Sabha is going to pass.⁸⁰⁰

Hon. Chairman Sir, at the outset, I would like to say that I support this Bill. My points which I want the hon. Minister to consider is that in this particular Bill there is no clear mention about the drug rehabilitation⁸⁴⁰ centre. There is no mention as to how they should be managed and whether they should be registered under the Bill. My suggestion is that the management should have a psychiatrist or an addiction psychiatrist specialist on board. They should be responsible for the therapies a patient undergoes at these centres. Secondly, the term for admission, detention, treatment and discharge should be as in any psychiatric unit. However, many times a patient though capable of making an independent decision, has an intense desire to consume the substance in a substance abuse. So, the decision should be in consultation with nominated authority of patient or family. Thirdly, there is no mention about how we should go about in this care⁹⁶⁰ of persons with mental illness in the community. This Bill is completely silent on care of persons with mental illness in⁹⁸⁰ the community. My suggestion is that a provision of psychiatrist or a clinical psychologist, at all primary healthcare centres, should be made. They should visit PHC centres at least once a week on a rotational basis. This one year mandatory service for fresh PG of psychiatry should be implemented rigorously and this particular provision of PG of psychiatry should be made in this Bill.

The fourth point is the process of licence. The National Mental Health Policy advocates the integration of mental health into general and primary care. Now, this particular Bill mandates that all establishments to take licence from treating patients. So, by asking for licence under Section 65, many private hospitals, nursing homes and general hospitals will refuse to treat patients with mental illness. So, can the Government consider or have a re-look at this whole insistence¹¹²⁰ on having a licence? Madam, my next point is advanced directives. The problem with this step is that this is too hasty and ill-conceived in our country. Let me remind the hon. Minister that these advanced directives will be counter-productive and this will lead to many issues.

It is because the Cochrane Database of Systematic Review on Advance Treatment Directives for People with Mental Illness has reported that there are a few data available to make definitive recommendations to introduce it. Even in the western world, this has certainly not had its intended affect. Coming to the nominative representative, the insistence on nominative representative breaks the very backbone and fabric of the family. So, the Bill needs to make provision that at least one member needs to be present with the patient during the in-patient treatment because family members around¹²⁶⁰ the patient would, in a way, lead to a lot of psycho-education, supervised medication and the rehabilitation process would be¹²⁸⁰ much faster.

Another issue is about Mental Health Review Board. Why should the judiciary be involved in this? The judiciary itself is incapable of clearing their backlog. Again you are insisting the involvement of the judiciary. I do not think this is required that the judiciary should be part of this Mental Health Review Board. My suggestion would be that this Board should comprise independent psychiatrists, family care givers and recovered patients. It is because this will go a long way in getting to know the real facts. Another alternative I propose is to create a Board of Visitors at each hospital. Lastly, as regards right to confidentiality under Chapter V of this Bill. This is a fundamental right.¹⁴⁰⁰ My suggestion to the hon. Minister is that this information should only be given to the family members and that too in verbal form. Written documents or medical records should be shared with only legal authorities on obtaining a written request.¹⁴⁴⁰

As regards permission for research, it says that the State authority should give permission. You please delete it and incorporate ICMR guidelines because too many regulations can undermine the whole research. The final point is about what my hon. friends have said regarding mental health. My opinion is that the definition of mental health is very broadly covered under the National Mental Health Policy. The WHO definition is also quite clear. Can the Government incorporate the definition of mental health as has been given by the National Mental Health Policy and WHO? As has rightly been pointed out by¹⁵⁴⁰ other colleagues, it leaves out obsessive compulsive disorders, depressions and other disorders. So I hope that the hon. Minister will take note of these few points which I have mentioned over here. I support the Bill.¹⁵⁷⁵

DICTATION EXERCISE - 31

Madam Speaker, I would like to request the hon. Members to pay a special attention to this Bill because this Bill is the need of the hour. The request has come from various quarters for all these years. This is an issue, which is pending for long. We have been discussing about some regulation in the Real Estate for the last 11 years because all the buyers across the country are agitated rightly and they are not getting adequate redressal system as per the previous arrangement.

So, keeping that in mind, during the UPA regime, a Bill was brought and the Bill was referred to the Standing Committee. The Standing Committee, in its collective wisdom, has made certain recommendations. Out of 30 and odd recommendations, 22-23 recommendations were accepted. In between, there was a change of Government and the Government¹⁴⁰ that came has brought it in the form of a new Bill. The Bill has gone to the Rajya Sabha¹⁶⁰ because it has originated from there and the Rajya Sabha, in its wisdom, had again referred this matter to the Select Committee. The Bill, which was approved by the Standing Committee consisting of Lok Sabha and Rajya Sabha Members, was again referred to the Select Committee of Rajya Sabha. I have agreed simply because I want the Bill finally to be passed at the end of the day. So, we have agreed and the Select Committee of the other House has done an excellent job. They have made their own recommendations and sent them back to the Rajya Sabha. Now, Madam, I am very happy to share with the House that the Bill was debated, discussed and decided in the²⁸⁰ Rajya Sabha almost unanimously with one Party, namely, AIADMK having raised a fundamental issue saying that the Parliament has no jurisdiction on this issue because it is a matter concerning the local bodies at the State level. We discussed about³²⁰ that matter within ourselves in the Department also, and I have referred the matter to the Law Ministry. The Law Ministry has opined that the Parliament has a jurisdiction. Subsequently, I referred the matter to the Attorney General of India. The Attorney General also, after careful study, has sent it back saying that the Parliament of India has the jurisdiction to pass such a legislation in the larger interest of the people. Keeping that in mind, the present Bill has been brought in and in the Rajya Sabha it was approved by the support of all the Parties. I am⁴²⁰ very happy to state it.

Madam, the purpose of the Bill is that it is not only going to make consumer the king, but bring in much needed regulation and transparency to the people who are involved in this sector. This Bill seeks to create a set of rights and obligations for both the consumers as well as developers.⁴⁸⁰ Secondly, this Bill seeks to encourage both of them to live up to the expectations of each other as per the agreement entered into by both of them. When you purchase a house, you enter into an agreement. If one of the parties fails to perform the obligation, then the provisions of the Bill will come into operation. If they mutually agree upon, nobody is going to intervene. Unfortunately, what is happening is that the buyers or the consumers are always⁵⁶⁰ at the receiving end. In India, the law of torts is very weak as compared to other Western countries. We do not have such provisions to enforce the law. Also, in India, the issues take a long time. In courts, we have such a system that delay is being caused. I am not here to accuse the judiciary, but the judicial system in India today is such that we are not able to get speedy justice. So, the hapless consumers⁶⁴⁰ should not be left in the lurch. That is what has really stirred my conscience that we must bring this Bill at the earliest.

This Bill seeks to establish a regulatory authority with which the developer will register the project to be launched. If ‘x’ wants to launch a project, he has to register it with the regulatory authority.⁷⁰⁰ It is that simple. Secondly, while doing so, they have to declare all project related information, including the details of developers, status of land, various approvals, project schedule, information regarding architects and structural engineers, etc., so that there is transparency and people get satisfied when they come to know who the architects are, who the developers are, who the engineers are, and what is the size of the project. All these things will be in public domain. Thirdly, the disclosure helps the home buyers to make an informed choice.

Apart from promoting fair play in real estate transactions, it also aims⁸⁰⁰ ensuring timely execution of the projects – timely execution is a major issue; people do not respect time and as a result, when there is cost escalation, the buyer or the consumer is always put to loss. Keeping that in⁸⁴⁰ mind, it ensures timely execution of the projects. The Bill seeks to provide uniform regulatory environment and orderly growth of the real estate sector. We want the real estate sector to grow. As the Minister of Urban Development, I have no hesitation in saying that. We feel that the real estate developers are also partners in development. We do not consider them as untouchables. Some people have the habit of condemning the private sector. We, who are in the Government, do not believe that private sector is bad. Public and private partnership is the need of the hour. That is the way forward. We have seen the other methods in all these years, then we have learned by experience and that is why⁹⁶⁰ we have come to this conclusion. Display of unanimity and the spirit of give and take by⁹⁸⁰ both the Government and the Opposition enabled the passage of this crucial Bill in Rajya Sabha on 10th March, and the stage is now set for receiving the Lok Sabha approval. The manner in which it was passed in the Upper House clearly highlights that the highest Legislature of the land could do it to further the aspirations of the people. The spirit of camaraderie demonstrated in the Upper House underlined what we could do collectively for the betterment of the lives of the people.

The Rajya Sabha witnessed the rare occasion of the Opposition and the Treasury Benches giving credit to each other for introducing and piloting this Bill. I have no hesitation in saying  that it was a Bill brought during the earlier regime, by the earlier Minister. Then, certain improvements have been made in that Bill by both the¹¹²⁰ Standing Committee and the Select Committee. Finally, now, the time has come during this Government that we brought this Bill and I am putting it before the House. The credit for the significant improvements in the Bill goes to the work done by the Standing Committee and it also goes to the Select Committee, the ideas they have exchanged among themselves and the conclusions they have reached has really helped me to come to some conclusion. Normally, in many of the cases, we come to Lok Sabha and people say, “You have majority here, you just got it passed and all that.” But we have gone to Rajya Sabha because the issue was pending there.

This morning also I got a message saying, “Please preserve the example of Rajya Sabha and follow it also.” I have no problem at all.¹²⁶⁰ The Government has nothing to hide. Whether it is Lok Sabha or Rajya Sabha, both of them have been given¹²⁸⁰ their respective jurisdictions and responsibilities. We should work together. Both of them together are called the Parliament of India. If we do not perform our responsibilities in Lok Sabha and Rajya Sabha, then it will go to parlok Sabha. This is what has happened to many of the Bills earlier. I do not want that to happen. If you discuss, debate and decide, good things will emerge and good ideas will come. In spite of our experience, nobody is perfect. After discussion, some saner points or good points have emerged, and the Government had no hesitation at any point of time to take those suggestions forward. I was moved by the response of the public on social media also,¹⁴⁰⁰ after the Rajya Sabha cleared the Bill. There was so much appreciation from across the country, from different parts of the country, hailing the passage of the Bill in Rajya Sabha. Many of them posted that they rejoiced at that historic¹⁴⁴⁰ moment and some were overwhelmed with emotions. I understand such reactions as cries of joy after having gone through the pain of waiting for long to get their due and finally, the moment of restoring order in the real estate sector becoming a reality. In this country, a lot of consumers have been taken for a ride by unscrupulous elements. I am not trying to damn the entire real estate sector. There are great people; there are good people; there are reputed builders and architects also who have constructed many buildings across the country.¹⁵³⁴