The Mental Healthcare Act, 2017

The Mental Healthcare Act, 2017, aims to provide mental healthcare and services to persons with mental illness while protecting, promoting, and fulfilling their rights. The act addresses various aspects of mental health care, including access, treatment, and legal safeguards.

1: Act Background and Ministry Under Which This Act Is:

The Mental Healthcare Act, 2017, was enacted to provide mental healthcare and services for persons with mental illness and to protect, promote, and fulfill their rights. This act aims to align Indian laws with the Convention on the Rights of Persons with Disabilities. The act falls under the administrative purview of the Ministry of Health and Family Welfare, which is responsible for overseeing the implementation of mental healthcare policies and services in India. The ministry plays a crucial role in promoting mental health and well-being.

2: Enactment Date, Number of Chapters, Number of Sections:

The Mental Healthcare Act, 2017, was enacted on 7th April, 2017, and is known as Act No. 10 of 2017. The act is structured into fourteen chapters. It comprises 126 sections, covering various aspects such as definitions, mental illness and capacity, advance directives, nominated representatives, rights of persons with mental illness, duties of the government, and the establishment of mental health authorities and review boards. The act has been amended to reflect changing needs.

3: Act Governed By:

The Mental Healthcare Act is governed by the Central Government, which has the power to make rules and regulations under the Act. The act also provides for the establishment of a Central Mental Health Authority and State Mental Health Authorities to oversee the implementation of the act at the national and state levels. The act is governed by the provisions outlined within it, as well as rules and regulations framed by the Central and State governments. It is therefore a combination of central and state oversight.

4: On Whom It Is Applicable:

The provisions of The Mental Healthcare Act are applicable to all persons with mental illness in India, their families, care-givers, mental health professionals, mental health establishments, and the Central and State Governments. The act ensures that all stakeholders involved in mental healthcare adhere to the standards and regulations outlined. The act’s focus is on protecting the rights of individuals with mental illness.

5: Penalties/Punishments:

The act prescribes penalties for specific violations:

• Contravention of Provisions: Violations of the act or its rules can lead to fines.

• Failure to Comply with Regulations: Wilful failure to comply with regulations can lead to fines.

• Unlawful Restraint: Unlawful use of restraints or seclusion can lead to fines. The act’s emphasis is on ensuring ethical practices and protecting the rights of individuals with mental illness.

6: Important Pointers:

• Rights of Persons with Mental Illness: The act emphasizes the rights of persons with mental illness, including the right to access care, community living, and protection from cruel treatment.

• Advance Directives: It allows individuals to make advance directives regarding their mental healthcare.

• Nominated Representatives: It provides for the appointment of nominated representatives to support persons with mental illness.

• Mental Health Authorities: It establishes Central and State Mental Health Authorities to oversee implementation.

• Mental Health Review Boards: It provides for the constitution of Mental Health Review Boards to address grievances.

• Informed Consent: It mandates that informed consent be obtained for treatment and research.

• Restraints and Seclusion: It restricts the use of restraints and seclusion in mental health establishments.

• Rule-Making Power: It empowers the Central and State governments to make rules and regulations for carrying out the purposes of the act. The act is a comprehensive effort to improve mental healthcare in India.

7: Act Copy: