The Mental Healthcare Act, 2017
Mental Healthcare Act, 2017
Introduction
The Mental Healthcare Act, 2017 is a progressive and comprehensive law enacted by the Indian Parliament to protect, promote, and fulfill the rights of persons with mental illness. It repealed the earlier Mental Health Act, 1987, and aligns Indian mental health legislation with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified.
The Act emphasizes human rights, dignity, autonomy, and access to mental healthcare for all persons with mental illness.
Objectives of the Act
To provide mental healthcare and services for persons with mental illness.
To protect the rights of persons with mental illness.
To ensure humane treatment and reduce stigma and discrimination.
To provide access to affordable mental healthcare services.
To regulate mental health establishments.
To empower persons with mental illness to make decisions about their treatment through Advance Directives and nominated representatives.
To provide mechanisms for effective redressal of grievances.
Key Provisions of the Mental Healthcare Act, 2017
1. Right to Access Mental Healthcare (Section 18)
Every person has the right to access mental healthcare and treatment from mental health services run or funded by the government.
The government must provide minimum standards of mental healthcare, including availability of medicines, rehabilitation services, and community-based care.
2. Decriminalization of Suicide (Section 115)
The Act decriminalizes attempted suicide, presuming that a person who attempts suicide is under severe stress.
Such persons are entitled to care, treatment, and rehabilitation rather than punishment.
3. Rights of Persons with Mental Illness (Chapter 5)
Rights include:
Right to dignity, privacy, confidentiality.
Right to informed consent.
Right to live in the community.
Right to protection from cruel, inhuman, or degrading treatment.
Right to access medical records.
Right to complain and seek redress.
4. Advance Directives (Section 5)
Persons with mental illness can make Advance Directives specifying how they wish to be treated or not treated in the event they lose capacity.
Healthcare providers and nominated representatives must respect such directives.
5. Nominated Representatives (Section 14)
Every person with mental illness can appoint a nominated representative to make decisions on their behalf if they lose capacity.
This ensures the person’s autonomy is respected as far as possible.
6. Mental Health Review Boards (Section 80)
Independent Mental Health Review Boards are constituted at the state level.
They hear complaints and protect the rights of persons with mental illness, including issues of admission, treatment, and discharge.
7. Regulation of Mental Health Establishments (Chapter 9)
All mental health establishments must be registered and meet prescribed standards.
Inspections and monitoring ensure compliance.
8. Prohibition of Electroconvulsive Therapy (ECT) without Anesthesia (Section 95)
ECT without anesthesia and muscle relaxants is prohibited.
ECT for minors is allowed only in exceptional cases with consent from the Mental Health Review Board.
9. Protection Against Discrimination and Stigma (Section 19)
Discrimination against persons with mental illness in employment, education, or services is prohibited.
The Act encourages community awareness and rehabilitation.
Significance of the Act
Marks a shift from custodial care to rights-based, patient-centric mental healthcare.
Recognizes the legal capacity and autonomy of persons with mental illness.
Facilitates community-based care over institutionalization.
Decriminalizes suicide, reducing stigma.
Creates legal safeguards against abuse and neglect.
Ensures accountability through mental health review boards.
Relevant Case Law and Judicial Principles
1. Gaurav Kumar Bansal v. State of Uttar Pradesh (2019)
The Allahabad High Court emphasized the importance of providing adequate mental health care in prisons in accordance with the Mental Healthcare Act.
It ordered the State to ensure medical treatment for mentally ill prisoners, affirming the right to mental healthcare.
2. Dr. Sheela Barse v. Union of India (1986) (Earlier Case)
Though before the 2017 Act, this landmark case laid foundations for humane treatment of mentally ill prisoners and prison reforms.
The Supreme Court mandated better living conditions and medical care, principles echoed in the 2017 Act.
3. K.S. Puttaswamy v. Union of India (2017) — Right to Privacy
The Supreme Court held that the right to privacy is a fundamental right.
This supports the Act’s provisions on confidentiality and privacy of mental health information.
4. Common Cause v. Union of India (2018)
The Supreme Court recognized the right to die with dignity.
The Mental Healthcare Act’s provisions on advance directives align with respecting individual autonomy over medical decisions.
5. National Legal Services Authority (NALSA) v. Union of India (2014)
Though primarily about transgender rights, this case emphasized non-discrimination and dignity, principles that apply broadly to persons with mental illness.
Summary
The Mental Healthcare Act, 2017:
Ensures access to mental healthcare and protection of rights for persons with mental illness.
Emphasizes dignity, autonomy, and informed consent.
Decriminalizes attempted suicide and mandates care rather than punishment.
Provides for advance directives and nominated representatives.
Establishes Mental Health Review Boards for grievance redressal.
Regulates mental health establishments and prohibits cruel treatment.
Prohibits discrimination based on mental illness.
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