Status of Mental HealthCare Act, 2017

  • Ridhi Malhotra
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  • Ridhi Malhotra

    Student at Bharati Vidyapeeth Institute of Management & Research, India

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India's new Mental Health Act 2017, which entered into force on May 29, 2018, specifically aims to comply with the United Nations Convention on the Rights of Persons with Disabilities and provide legally binding mental health care rights to more than 1.3 billion people. The main actions include (a) a new definition of mental illness and mental health facilities; (b) a revised "legal capacity" to provide mental health care; (c) “advance directives” that enables people with mental illness to guide future care (D) It is not necessary to be the “nominated representative" of family members; (e) Mental health rights and comprehensive social rights of patients with mental illness; (f) Establishment of government agencies to supervise services; g) Mental health expert group in-depth consideration of other issues; h ) Revised the procedures of "self-direction", "assisted guidance" (guidance and treatment without patient consent) and "minor guidance"; (I) revised handling, containment, and investigation rules; j) The de facto decriminalization of suicide. The main challenges involve allocating resources for mental health services and the new structures proposed in the legislation, the adequacy of seemingly more institutionalized care methods, and the conflicting effects of creating barriers for treatment. The debate on specific measures (such as banning electroconvulsive therapy without the use of muscle relaxants and anesthetics) continues, reflecting the need for continued collaboration with stakeholders, such as patients, families, and the Indian Psychiatric Society, despite these challenges. But the new legislation offers significant potential benefits beyond India but also applies to other countries that want to bring their laws into compliance with the United Nations Convention on the Rights of Persons with Disabilities and Mental Illness.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 3093 - 3097


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