2017 Mental Healthcare Act - All You Need To Know

The enactment of the Mental Healthcare Act, 2017 by the NDA Government is an attempt to protect the rights of the mentally ill and enable citizens to decide on the method of treatment in case of mental illness, lest they are mistreated or neglected.

India ratified the UN Convention on Rights of Persons with Disabilities in October 2007. The United Progressive Alliance government (UPA-II) initially introduced the Mental Health Care Bill in August 2013 to replace the Mental Health Act, 1987 to bring the law in consonance with the obligations of the UN convention. The Bill lapsed due to the dissolution of the Lok Sabha.

The 16th Lok Sabha led by the National Democratic Alliance (NDA) reintroduced the Bill in August 2016 with 134 amendments. The modifications led to a complete overhaul of the intent, structure and provisions of the original Bill, and the spirit of the UN convention was missing.

First, the Act recognizes mental illness as a clinical issue which can only be treated by medicines and clinical procedures

Second, the Act proposes an ‘advance medical directive’ through which individuals can dictate how they “wish to be” and “wish not to be treated” and can nominate a member who can make decisions on their behalf should they lose their mental capacity. But it is unable to provide a clear procedure for preparing it.

Third, the Act provides for the constitution of an expert committee for periodic review and effective implementation of the Act. Neither the Act nor the rules define the constitution, procedure and terms of reference of the committee. Such an important body should be more transparent and subject to public scrutiny