The Mental Healthcare Act, 2017

This Act of Parliament received the assent of the President on April 7, 2017.

Salient Features

  • It provides for healthcare and services to people with mental illness and also decriminalises suicide.
  • It also allows a mentally ill person to have the right to restrict release of information with respect to the illness and make a complaint about deficiencies in provision of services.
  • It allows every person has the right to access mental healthcare and treatment from health services run or funded by government.
  • It assures free treatment for mentally-ill persons if they are homeless or poor, even if they do not possess a Below Poverty Line card.
  • It provides that a person with mental illness will have the right to make an advance directive in writing specifying the way the person wishes to be cared for and treated for a mental illness.
  • It recognises the role of caregivers as those who can be appointed as a nominated representative of a mentally ill person, members of the Central Mental Health Authority and State Mental Health Authorities, or members of Mental Health Review Boards.
  • On the clauses decriminalising suicide, the Act states that a person who attempts suicide should be presumed to have severe stress, and shall not be punished.