Health (Amendment) Act 2014. The Ordinance defines the terms 'mental disorder',
'mental impairment' 'mentally disordered prisoner' as under:(m) "mental disorder" means mental illness, including mental impairment,
severe personality disorder, severe mental impairment and any other
disorder or disability of mind and "mentally disordered" shall be construed
accordingly and as explained hereunder:
(i) "mental impairment" means a state of arrested or incomplete development of
mind (not amounting to severe mental impairment) which includes
significant impairment of intelligence and social functioning and is
associated with abnormally aggressive or seriously irresponsible conduct on
the part of the person concerned and "mentally impaired" shall be construed
accordingly;
(ii) "severe personality disorder" means a persistent disorder or disability of
mind (whether or not including significant impairment of intelligence)
which results in abnormally aggressive or seriously irresponsible conduct on
the part of the person concerned;
(iii) "severe mental impairment" means a state of arrested or incomplete
development of mind which includes severe impairment of intelligence and
social functioning and is associated with abnormally aggressive or seriously
irresponsible conduct on the part of the person concerned and "severely
mentally impaired" shall be construed accordingly;
(n) "mentally disordered prisoner" means a person, who is a prisoner for whose
detention in or removal to a psychiatric facility or other place of safety, an
order has been made in accordance with the provisions of section 466 or
section 471 of the Code of Criminal Procedure, 1898 (Act V of 1898), section
30 of the Prisoners Act, 1900 (III of 1900), section 130 of the Pakistan Army
Act, 1952 (XXXIX of 1952), section 143 of the Pakistan Air Force Act,
1953 (VI of 1953) or section 123 of the Pakistan Navy Ordinance, 1961
(XXXV of 1961); "
30. Almost similar definitions are also available in the Sindh Mental Health Act,
2013, the Khyber Pakhtunkhwa Mental Health Act, 2017 and the Balochistan
Mental Health Act, 2019.
31. The definitions of mental illness available in these Provincial Laws led us to
examine the definition of the term "mental illness" or "mental disorder" in other
jurisdictions.
32. In the United Kingdom, the Mental Health Act, 1983 initially defined the
term "mental disorder" to mean mental illness, arrested or incomplete development
of mind, psychopathic disorder and any other disorder or disability of mind.
However, this definition has now been substituted with a less restrictive definition
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