Mental Healthcare Act 2017

The Mental Health Care Act, 2017 was passed as India ratified the United Nations Convention on the Rights of Persons with Disabilities by India.

Key Features of the Act: It recognises the Rights of persons with mental illness. It includes affordable and easy access to good quality of services, right to equality of treatment, protection from inhuman and degrading treatment, free legal services, access to their medical records etc.

• Advance Directive: A mentally-ill person’s has the right to make an advance directive that states how he wants to be treated for the illness during a mental health situation and who his nominated representative shall be. It has to be certified by a medical practitioner or registered with the Mental Health Board.
• Central and State Mental Health Authority will be formed to (a) register, supervise and maintain a register of all mental health establishments,(b) develop quality and service provision norms for such establishments, (c) maintain a register of mental health professionals, (d) train law enforcement officials and mental health professionals on the provisions of the Act, (e) receive complaints about deficiencies in provision of services, and (f) advise the government on matters relating to mental health.
• Mental Health Establishments will need to be registered with the relevant Central or State Mental Health Authority.
• Mental Health Review Commission and Board: It will be a quasi-judicial body that will periodically review the use of and the procedure for making advance directives and advise the government on protection of the rights of mentally ill persons. Mental Health Review Boards in the districts of a state will also be constituted to register, review/alter/cancel an advance directive, appoint a nominated representative among other functions
• Decriminalising suicide: Under the Act, a person who attempts suicide shall be presumed to suffer from mental illness at that time and will not be punished under the Indian Penal Code.