Mental
Healthcare Act, 2017
Mental Health is a crucial part of the overall
health of a person. There has been a significant increase in mental illness in
India. While there are many reasons for it, but the most important is the lack
of awareness about the importance of psychologists and therapies. According to
a survey conducted by the Indian Council of Medical Research (ICMR), 7.5% of
the total population of India is hit by mental illness.1 And
the recent pandemic and lockdown has caused rapid growth in mental issues due
to fear of Job Loss, Anxiety & Domestic Violence, Panic Attacks, raising
the number to 20%.2
A recent survey conducted by a British
foundation, Mental Health Research UK, claimed that 42.5% of the employees in
India’s corporate sector is struggling with depression or
an anxiety disorder.
The Mental Healthcare Act (MHCA) passed by the
Government in 2017 is appreciated for addressing the need of millions of
Indians wanting help. The act abolishes the existing Mental Healthcare Act, 1987
which was highly criticised for not acknowledging rights of a mentally ill
person and contained many other drawbacks like the limited definition of
“mental illness to “mental disorder” or no attention to WHO guidelines.
Mental Illness: Definition
The term “mental illness” is defined by
Section 2(s) of Mental Healthcare Act, 2017 as a substantial disorder of
thinking, mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to meet the ordinary
demands of life, mental conditions associated with the abuse of alcohol and
drugs, but does not include mental retardation which is a condition of arrested
or incomplete development of mind of a person, especially characterized by sub
normality of intelligence.
The MHCA, 2017 provides an elaborative
definition of “mental illness” which was lacked by the previous act 1987.
Major
Provisions
Rights of Person with Mental Illness
l Every person has the right to get mental
health care from mental health services run or financed by the appropriate
Government.
l Every person with a mental illness shall have
a right to live with dignity.
l There shall be no discrimination on any basis
including gender, sex, sexual orientation, religion, culture, caste, social or
political beliefs, class, or disability against mentally ill people.
l A person with mental illness shall have the
right to confidentiality in respect of his mental health, mental healthcare,
treatment and physical healthcare.
l No photograph or any other information
relating to a person with mental illness undergoing treatment at a mental
health establishment shall be released to the media without the consent of the
person with mental illness.
l Right of choosing the person who would be
answerable for making decisions with the view to the treatment, his admission
into a hospital, etc.
l Persons with mental illness living below the
poverty line whether or not in possession of a below poverty line card, or who
are destitute or homeless shall be entitled to mental health treatment and
services free of any charge and at no financial cost at all mental health
establishments run or funded by the appropriate Government and at other mental
health establishments designated by it.
l The person with mental illness shall have the
right to make an advance directive that states who his/her nominated
representative should be and how he/she wants to be treated for the illness.
The advance directive should be certified by a medical practitioner or
registered with the Mental Health Board.
Mental Health Authority
The act provides for the government to set up
the Central Mental Health Authority at national-level and State Mental Health
Authority in each State.
Every mental health practitioner and mental
health institute has to mandatorily register with this Authority.
Mental Health Treatment
The act also specifies the process and
procedure for admission, treatment and discharge of mentally-ill individuals.
A medical practitioner or a mental health
professional shall not be held liable for any unforeseen outcomes on following
a valid advance directive.
Decriminalisation of suicide
As provided in Section 115;
(1) Notwithstanding anything contained in
section 309 of the Indian Penal Code any person who attempts to commit suicide
shall be presumed, unless proved otherwise, to have severe stress and shall not
be tried and punished under the said Code.
(2) The appropriate Government shall have a
duty to provide care, treatment and rehabilitation to a person, having severe
stress and who attempted to commit suicide, to reduce the risk of recurrence of
attempt to commit suicide.
This is a big step which annulled Section 309
IPC which stated that ‘Any person attempting to perform suicide shall be
punished with simple imprisonment which may prolong to one year.’
References
1) Birla,
Neerja. “Mental Health in India: 7.5% of Country Affected; Less than 4,000
Experts Available.” The Economic Times, Economic Times, 10 Oct. 2019,
economictimes.indiatimes.com/magazines/panache/mental-health-in-india-7-5-of-country-affected-less-than-4000-experts-available/articleshow/71500130.cms?from=mkj
2) Loival, Manogya. “20% Increase in Patients with Mental Illness since Coronavirus Outbreak: Survey.” India Today, 31 Mar. 2020, www.indiatoday.in/India/story/20-per-cent-increase-in-patients-with-mental-illness-since-coronavirus-outbreak-survey-1661584-2020-03-31.