- Public consultations underway
- Patient rights, least restrictive care, regulatory safeguards at forefront
Moves are underway to repeal Sri Lanka’s colonial-era mental health law, with a concept paper for a draft bill to replace the Mental Diseases Ordinance of 1873 now presented to the Cabinet.
A public consultation on the draft was recently held at the Human Rights Commission of Sri Lanka (HRCSL), with another scheduled for 2 April.
The proposed Mental Health Bill introduces a legal framework aimed at modernising mental healthcare in Sri Lanka, formally repealing the long-standing ordinance.
The legislation seeks to prioritise the rights, dignity, and autonomy of individuals living with mental disorders, while ensuring that care is provided in the least restrictive manner possible.
A key feature of the draft is the introduction of a supported treatment framework for patients who lack the capacity to consent, or those who pose a significant risk to themselves or others.
This includes both supported inpatient treatment and supported outpatient treatment, enabling structured care within institutions as well as within the community.
The bill also proposes enhanced safeguards to prevent misuse and protect patients’ rights, including the establishment of oversight bodies such as a national mental health advisory council and provincial mental health act review boards.
These bodies will review extended treatment orders and hear appeals from patients or their guardians regarding hospitalisation and treatment decisions.
In addition, the legislation contains provisions to protect the human rights and property of persons with mental disorders, ensuring non-discrimination in access to services, treatment, and social benefits.
Special provisions have also been included for minors, requiring specialised psychiatric assessments for patients under 18, with mandatory involvement of child and adolescent psychiatrists in certain cases.
The draft further introduces strict clinical and legal guidelines governing interventions such as Electroconvulsive Therapy (ECT), as well as the use of restraint and seclusion. These measures are to be applied only as a last resort and under regulated conditions to ensure patient safety.
Provisions have also been made for prisoners, prioritising voluntary treatment where possible and outlining procedures for transfers to mental health facilities when supported inpatient care is required.
Deputy Minister of Health Dr. Hansaka Wijemuni said that the bill would be taken forward at the earliest possible opportunity.
Speaking to The Sunday Morning, he said that the draft had been prepared in collaboration with the Sri Lanka College of Psychiatrists and was currently at the initial stages of the legislative process. He added that efforts were being made to expedite preliminary steps while ensuring public consultations were completed before finalisation.
Responding to a query on whether the draft was the same proposal presented to the then Justice Minister in 2022, Dr. Wijemuni said the current initiative constituted new legislation, although it broadly followed a similar framework with updates to reflect present-day needs.
Consultant Psychiatrist and former President of the Sri Lanka College of Psychiatrists Dr. Kapila Ranasinghe described the move to repeal the 1873 ordinance as long overdue, noting that the existing law was outdated and inadequate.
“The law we are still using was enacted during British colonial times. Although there were amendments in 1956, those changes were not sufficient to address the mental health needs of the country at an optimal level,” he said.
Dr. Ranasinghe said that the current legal framework did not provide a safe or user-friendly system for individuals seeking mental healthcare and failed to adequately protect patients’ rights and dignity. While Sri Lanka has a National Mental Health Policy, its implementation has been inconsistent.
The Sri Lanka College of Psychiatrists submitted the draft of the proposed legislation for Cabinet approval through Health Ministry Secretary Dr. Anil Jasinghe in November 2025.