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MENTAL HEALTH CARE ACT- 2017: A CRITICAL REVIEW

SUBMITTED BY

AKSHATA WHAVAL

MA PART 2 DIV: A CLINICAL PSYCHOLOGY

SUBJECT: PSYCHOPATHOLOGY

SUBMISSION: 30TH NOVEMBER 2024

TO

DR. RAJENDRA MHASKE (HOD)

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Index

INTODUCTION TO MENTAL HEALTH ACT 3

MENTAL HEALTHCARE ACT-2017 5

IMPROVEMENTS FROM PREVIOUS MENTAL HEALTH ACT 7

APPLICATIONS 9

LIMITATIONS/ SUGGESTED IMPROVEMENTS FOR SHORTCOMINGS 11

CONCLUSION 12
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INTRODUCTION TO MENTAL HEALTH ACT

Mental Health: Mental health is any individual’s emotional, psychological and social well being. It is an

essential component of overall health and is crucial at every stage of life, from childhood through

adulthood.

Act: An “ACT” is a specific legislation proposed, debated and passed by a legislative body, like a

Parliament. Once approved it becomes a law which every citizen must follow. So, an act is the initial

proposal, while a law is the final, enforceable version.

Mental Health Act: The Mental Health Act is a law that protects the rights of people with mental health
conditions and ensures they receive proper care. It provides guidelines for:

 Treatment: It makes sure people get the right kind of treatment for their mental health condition.
 Rights: It protects their rights, like the right to make decisions about their own care and the right to be
treated with respect.
 Safety: It helps keep people safe, both from harming themselves and others.
Think of it as a set of rules to make sure people with mental health issues are treated fairly and get the
help they need.

Mental Health Care Acts throughout the World:

 The Lunacy Act of 1845- England

 Indian Lunacy Act of 1912- India (under British rule)
 The Mental Health Act of 1946- United States
 The Mental Health Act of 1959- United Kingdom
 Mental Health Act 1983- United Kingdom
 The Mental Health Act of 1987- India
 Mental Health Act 2001- England
 The Mental Health Care Act of 2002- South Africa
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 Mental Healthcare Act, 2017- India

The list is a small journey of how the acts and laws regarding mental health issues and especially people
with mental health evolve as the understanding of the disorders and treatment got advanced and more
humane. Each act has been reformed in order to make better provisions for people suffering through
mental illness and also for the people taking care of them.
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MENTAL HEALTHCARE ACT 2017

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The Mental Health Act of 2017 in India aims to improve the mental health care system in the

country and protect the rights of individuals with mental illness. It was a revolutionary act in the

space of mental health and was a key step in the recognition of the importance of mental health in

India.

The Mental Healthcare Act defines mental illness as a substantial disorder of thinking, mood,

perception, orientation, or memory that significantly impairs judgment, behavior, capacity to

recognize reality, or ability to meet the ordinary demands of life. The Mental Healthcare Act

recognizes the rights of individuals with mental illness, including the right to access mental health

care and treatment, confidentiality, privacy, and the right to be treated with dignity and respect.

The Mental Healthcare Act recognizes the role of mental health care professionals,

including psychiatrists, psychologists, psychiatric social workers, and mental health nurses, in the

treatment and care of individuals with mental illness.

The Mental Healthcare Act regulates the establishment, management, and functioning of mental

healthcare institutions, including private and government-run hospitals and clinics. It also provides

for the appointment of a Mental Health Review Board to oversee the functioning of these

institutions.
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IMPROVEMENTS FROM PREVIOUS MENTAL HEALTH ACT

The Mental Healthcare Act, 2017, represents a significant step forward in India's mental health care
system. It aims to provide comprehensive care, protect the rights of individuals with mental illness, and
reduce stigma. Key features of the Act include:

 Decriminalization of Suicide: The Act removes the stigma associated with suicide by treating it as a
mental health issue rather than a criminal offense.
 Rights of Persons with Mental Illness: The Act emphasizes the rights of individuals with mental illness,
including:
o Right to Treatment: Access to quality mental healthcare.
o Right to Live with Dignity: Protection from discrimination and abuse.
o Right to Information: Access to information about their condition and treatment options.
o Right to Confidentiality: Protection of personal information.
o Right to Legal Aid: Access to legal assistance.
o Right to Make Complaints: Mechanism to address grievances.
 Advance Directives: Individuals with mental illness can create advance directives, outlining their
treatment preferences in case of incapacity.
 Community-Based Mental Health Care: The Act promotes community-based mental health services,
reducing the reliance on institutionalization.
 Regulation of Mental Health Establishments: Stricter regulations are imposed on mental health facilities
to ensure quality care and ethical practices.
 Mental Health Review Boards: These boards oversee the involuntary admission and treatment of
individuals with mental illness, ensuring their rights are protected.
The Act also addresses several other important issues, such as:
 Informed Consent: Patients have the right to give informed consent for treatment.
 Prohibition of Electroconvulsive Therapy (ECT) without Anesthesia: ECT can only be administered
with proper anesthesia and muscle relaxants.
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 Regulation of Research on Persons with Mental Illness: Strict ethical guidelines for research involving
individuals with mental illness.
By addressing the shortcomings of previous legislation, the Mental Healthcare Act, 2017, aims to create
a more humane and effective mental healthcare system in India.
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APPLICATIONS

Legal Matters:

The Mental Health Review Board (MHRB) plays a critical role in ensuring justice and proper care for

individuals with mental illnesses who are either convicted or awaiting trial. The board verifies and

reassesses claims of mental illness to prevent wrongful imprisonment or release based on unverified

conditions. Additionally, the MHRB monitors treatment procedures to ensure that individuals with

mental illnesses receive appropriate care and support for recovery.

In cases where a person has recovered from their mental illness but lacks family support or is rejected

by their family, the MHRB evaluates the individual's functionality. If deemed capable, the board

facilitates their reintegration by connecting them with employment opportunities through NGOs or

government initiatives, aligning with their interests and abilities. This ensures not only the individual's

well-being but also their reintegration into society as a functional member.

Admission, Treatment and Discharge Procedure:

Under the Mental Healthcare Act of 2017 (MHCA17), the processes for voluntary admission, treatment,

and discharge have been made significantly more streamlined and patient-centered compared to earlier

mental health legislation. The act emphasizes treating patients as active participants in their recovery

journey rather than passive subjects requiring fixes. This participatory approach fosters a sense of

autonomy and confidence in individuals, which can accelerate the recovery process.

Even in cases of involuntary admissions, the perspectives and opinions of caregivers are actively

considered, ensuring that the treatment process remains collaborative. This inclusive approach not only
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enhances the individual's engagement in their treatment but also simplifies the overall process by

delegating responsibilities effectively. Additionally, it ensures that all parties involved have a clear

understanding of the treatment's direction, making the entire procedure more structured and transparent.
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LIMITATIONS/ SUGGESTED IMPROVEMENTS FOR SHORTCOMINGS

Implementation Vigilance:

The Act has a lot of good and humane practices which can benefit the mentally ill people and in turn the

society. It would be better if on ground inspections are done as well in terms of hygiene maintenance

and over all cleanliness.

This can also be applied for the medical interventions that patients go through.

More Vacancies:

In terms of staffing and professional resources in mental health facilities, the principle of "the more, the

better" is particularly applicable. Adequate care for a single patient often requires the involvement of

multiple professionals to address their diverse needs effectively. Increasing the number of staff could

significantly enhance the quality and efficiency of patient care. To facilitate this, incorporating a

mandate for increased staffing within mental health legislation would expedite implementation and

provide clear guidance for resource allocation.

However, the expansion of staff numbers involves careful consideration of factors such as government

budgets and funding allocations. It is evident that continuous efforts are being made by the government

to improve these areas. Nevertheless, with the growing global mental health crisis, the demand for

mental health professionals is expected to rise. Addressing this requirement proactively will be essential

to ensure that mental health services can meet future challenges and provide comprehensive care.
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CONCLUSION

The Mental Healthcare Act of 2017 (MHCA17) represents a significant advancement over previous

mental health legislation, prioritizing the holistic care and recovery of individuals with mental

health conditions. Its humane and person-centered approach ensures the safety, dignity, and well-

being of individuals, aligning closely with the ethos of the Hippocratic Oath, particularly the

principle of "Above all, do no harm."

Like all progressive laws, the MHCA17 will inevitably evolve to meet the changing needs of

society. As scientific advancements, technological innovations, and increased awareness continue

to shape the landscape of mental health care, further reforms may be introduced to enhance and

refine its provisions. These future developments hold the potential to strengthen the Act's impact

even further.

In the meantime, the successful implementation of MHCA17 remains paramount. Mental health

professionals and citizens alike share the responsibility of upholding its principles and fostering

an environment that supports individuals with mental health challenges. Together, these efforts

will contribute to creating a more inclusive and compassionate society.

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REFERENCES:

1. Government of India. (2017). The Mental Healthcare Act, 2017. Ministry of Law and Justice.

2. Kirpal. N., (2023, Jan, 7th) Highlights of Mental Healthcare Act 2017, Amaha- Your Mental Health

Partner.

3. Royal College of Psychiatrists (2020, Feb, 17) Influence of the new mental health legislation in

India, PubMed Central. ncbi. Nih. Gov.