Last Change:

08/18/2025

The Mental Health Act, 2018

Year: 2018

Type: Domestic law

Rights Category: Education, Health, Housing, land & property

Description

Bangladesh passed a new Mental Health Act in 2018, which replaced the 105-year-old Lunacy Act, 1912 to ensure the provision of health services, protection of dignity, right to property and rehabilitation, and overall welfare of persons suffering from mental problems (referred to in Section 6 of the Act, which states- the Rights of persons suffering from mental illness- Rights to health, property, dignity, education, and other matters of persons suffering from mental illness must be ensured). The law also may require the Government to establish a mental hospital to provide treatment and service to persons suffering from mental illness at the district level, as referred to in Section 7 of the Act.

Selected provisions
Definition

(1) 'Nonprotesting patient' means any mental patient or mentally retarded who is unable to give an opinion regarding treatment or admission due to mental health reasons but has not obstructed receiving psychiatric treatment;

(6) 'Treatment' means the administration of medication, advice or services under the supervision of a psychiatrist or scientific alternative treatment approved by the Government;

(14) “Drug addiction” means the symptoms of physical and mental changes harmful to a person as a result of regular use or intake of any substance or sudden cessation of regular intake;

(15) “Mental illness” means a form of mental disease other than drug addiction and mental retardation as diagnosed by the Medical Officer in charge;

(16) 'Mental disorder' means any clinically recognized symptom or behavior including mental retardation and drug addiction which is associated with various physical and mental or both and which interferes with the normal life of the person;

(18) 'Mental health' means a normal state in which every individual can realize his potential, live in harmony with the normal stresses of life, engage in productive and productive activities, and contribute to the community in his area. ;

The rights of persons suffering from mental illness

Rights to health, property, dignity, education, and other matters of persons suffering from mental illness must be ensured.

Establishment of mental hospital

7. (1) The Government may, for the purpose of providing treatment and services to persons suffering from mental illness, establish mental hospitals at any place, or establish separate departments or units of medical college hospitals or district hospitals:

Provided that every mental hospital or unit shall have separate arrangements for the treatment of drug addicts and under-trial or sentenced mental patients:

Provided further that each mental hospital or unit shall have separate arrangements for the treatment of minor mental patients.

(2) Matters relating to the determination and supervision of mental hospitals shall be determined by rule.

Procedure for admitting mental patients accused of criminal offences

15. (1) Mental patients accused of criminal offenses shall be admitted based on a reception order.

(2) Acceptance of reception orders under sub-section (1) and other matters shall be determined by rules.

Explanation: In this section, the term 'reception order' means an order passed by a Magistrate for the purpose of admitting and confining a person accused or convicted of a criminal offense to a mental hospital.

Right to treatment of mentally ill persons

17. (1) The representative of the local government institution having jurisdiction in the concerned area shall hand over the person suffering from mental illness without a guardian or relative or address to the nearest government mental hospital head.

(2) If there is reason to believe that any person is suffering from mental illness and if there is reason to believe that the person is dangerous because of mental illness, the police officer of the local jurisdiction shall take him into custody and send him to the nearest mental hospital.

(3) The concerned mental hospital shall immediately provide copies of supporting documents to the concerned local government institution and the police station of the local jurisdiction after providing suitable treatment to the mentally ill person transferred under sub-sections (1) and (2).

Rehabilitation of mentally ill persons

18. (1) After the recovery of a person suffering from mental illness without guardian or relative or without address, the concerned mental hospital shall transfer the said person to the concerned district or nearest social service institution or rehabilitation center along with his clearance certificate.

(2) Follow-up treatment of the person described in sub-section (1) will be provided by the concerned mental hospital.

(3) The person in charge of managing the institution or center described in sub-section (1) may apply for redress to the Mental Health Review and Monitoring Committee if he is aggrieved by the treatment of the patient.