Mental Healthcare Act, 2017

Mental Healthcare Act, 2017 is an Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto. The Act repeals the Mental Health Act, 1987. The Mental Healthcare Act came into operation on 7 April, 2017.

Definition of Mental illness

The term Mental Illness in MHA 2017 is given an elaborate definition which was lacked by the previous act of 1987 in which mental illness was defined as any mental disorder and seldom as mental retardation, it is now defined in section 2 under the act according to which mental illness indicates a substantial disorder of thinking, mood, perception, orientation or thought that seriously impairs behaviour, capacity to recognise reality, or ability to meet daily needs; mental conditions linked to the degradation of alcohol and drugs; but does not constitute a mental barrier, which is a state of a person's mind that has not developed normally or at all, often characterised by knowledge that is below average.

Key provisions of the Act

• Rights of persons with mental illness: Every person shall have the right to access mental health care and treatment from services run or funded by the government. The right to access mental health care includes affordable, good quality of and easy access to services. Persons with mental illness also have the right to equality of treatment, protection from inhuman and degrading treatment, free legal services, access to their medical records, and complain regarding deficiencies in provision of mental health care. The provisions include the following.
  
  • Section 18. Right to access mental healthcare.
  • Section 19. Right to community living.
  • Section 20. Right to protection from cruel, inhuman and degrading treatment.
  • Section 21. Right to equality and non-discrimination.
  • Section 22. Right to information.
  • Section 23. Right to confidentiality.
  • Section 24. Restriction on release of information in respect of mental illness.
  • Section 25. Right to access medical records.
  • Section 26. Right to personal contacts and communication.
  • Section 27. Right to legal aid.
  • Section 28. Right to make complaints about deficiencies in provision of services.
  • register, supervise and maintain a register of all mental health establishments,
  • develop quality and service provision norms for such establishments,
  • maintain a register of mental health professionals,
  • train law enforcement officials and mental health professionals on the provisions of the Act,
  • receive complaints about deficiencies in provision of services, and
  • advise the government on matters relating to mental health.
  • register, review/alter/cancel an advance directive,
  • appoint a nominated representative,
  • adjudicate complaints regarding deficiencies in care and services,
  • receive and decide application from a person with mental illness/his nominated representative/any other interested person against the decision of medical officer or psychiatrists in charge of a mental health establishment.

  To access the complete Act, click here.

  Last Modified : 5/8/2024