The Mental Health Care Act, 2017, India was passed on 7th April 2017 and came into force on 7th April 2018. The new law defines itself as “an act to provide for mental healthcare and services for persons with mental illness and to protect, promote, and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.” To fully understand this act, we must first understand why it was required and how it finally became the “Mental Healthcare Act, 2017.”
History
MHCA, 2017’s journey began from the “Indian Lunacy Act, 1912” which was essentially the first law that governed mental health in India. But this act was more focused on protecting the public from the mentally ill patients as they were considered dangerous to society. It neglected such people’s human rights and was highly criticized by the Indian Psychiatric Society.
This further gave birth to the “Mental Health Act, 1987” which finally came into existence in 1993. This act was much better than the Indian Lunacy Act, 1912 in terms of placing emphasis on care and treatment instead of custodial sentences, protecting the human rights, emphasizing on guardianship and management of the property of mentally ill people. It also provided procedures for hospital admission on special circumstances. However, it was still not up to the mark. It severely lacked some important aspects to it. It curtailed the liberty of such individuals which was a major disregard to human rights, it did not provide any relief to patients on rehabilitation and treatment plans after their discharge from hospitals. It also failed to take into consideration the financial, social, or emotional burdens to the patients as well as their caregivers.
In 2006, the UN adopted the Convention on the Rights of Persons with Disabilities. It is an international human rights treaty of UN which recognizes, protects, and supports the rights of persons with disabilities. The UNCRPD applies to persons with mental illness and psycho-social disabilities thus recognizing that mental illness when accompanied by social barriers, makes people with mental illness a vulnerable group. India ratified it in 2007 which meant making a binding commitment to ensure all our laws are in compliance with UNCRPD. So, India realized that the Mental Health Act, 1987 was not in congruence with the UNCRPD and thus, decided to replace it with a new law. It took several years to finally come up with the Mental Healthcare Act, 2017 but India did it.
In 2018, The Mental Healthcare Act finally came into force. It includes:
Decriminalizing Suicide Attempt
It decriminalizes suicide attempt by stating that a person who attempts suicide should be presumed to have severe stress and shall not be punished. It also imposes the government to rehabilitate such persons so that there is no recurrence of suicide attempts in future.
Secures Human Rights of People with Mental Illness
It ensures that every person has the right to access mental health services. Such services should be of good quality, convenient, affordable, and accessible. It also protects such persons from inhuman treatment and provides access to free legal services and their medical records.
Advance Directives : This empowers a mentally ill person to have the right to make an advance directive of how they would want to be treated for their requisite illness and who should be their nominated representative. This directive has to be vetted by a medical practitioner.
Restricted Usage of Electroconvulsive Therapy
The act has restricted the usage of Electroconvulsive Therapy to only emergency cases and that too along with muscle relaxants and anaesthesia. It completely prohibits the usage of ECT on any minor.
Free Quality Treatment for Poor and Homeless Persons
It also ensures that people with mental illness who are homeless or fall below the poverty line (BPL) (irrespective of whether they have a BPL card or not), will be given free quality treatment.
Ensures Right to Confidentiality
It also provides the right to confidentiality to people with mental illness in terms of their mental illness, healthcare, treatment and physical healthcare.
It also ensures that photographs or any other information related to the patient will not be released in the media without their consent.
Special Provisions for Women
Certain special provisions have been made for women regarding their healthcare which includes not separating women from their children unless it is absolutely necessary.
Strict Punishments for Flouting
The punishment for flouting of provisions under this Act will be imprisonment up to 6 months or Rs. 10,000 or both. Offenders repeatedly violating provisions under this Act can face up to 2 years in jail or a fine of Rs. 50,000–5 lakhs or both.
Rehabilitation and Treatment
It also ensures that people with mental illness receive proper healthcare, treatment, and rehabilitation facilities in a way which does not impact or affect their dignity or rights.
These are a few key points about the MHCA, 2017 which are extremely beneficial for all persons with mental illness as well as their caregivers. This was the journey of the Mental Healthcare Act, 2017 and I hope that we keep progressing like this.
Cheers to this great journey, and to the journey that awaits!