Review of The Mental Healthcare Act,2017

By Ragini Chatterjee

(Overall Grade Remedial) 

                                                                  The Mental Healthcare Act, 2017 outlines rights that definitely improve the judicial status of the mentally ill. The Act starts with defining certain terms that are found later, throughout the act. The act adheres to international standards with the aim of securing the rights of people with mental illness in accordance with the United Nation’s Convention on the Rights of Persons with Disabilities (UNCRPD), as stated in the first three paragraphs. The Act has replaced the previous 1937 Act. In this review of the Act, I shall start by highlighting what I found interesting, following which, I shall view the Merits and the Demerits of this Act.

The first point that caught my eye was the definition of mental illness within the Act. The act doesn’t apply to the mentally retarded, who comprise a good portion of the mentally ill population. The Act explicitly states — “mental illness”, means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterized by sub normality of intelligence.

Another aspect that was interesting was the ‘Advance Directive’, which allows for the patient to put forward their preferred method of treatment and also allows them to elect a representative, who would make decisions regarding their Healthcare needs. While reading this, I didn’t know whether this facet could be classified into the narrow categories of — merit and demerit. While ‘Advance Directive’ definitely shows that the law is committed to respect the mentally ill. It may overestimate the ability of the mentally ill to make these decisions, when the very definition of mental illness states that it is a substantial disorder that grossly impairs judgment. The Act however, does acknowledge that there are times when the mentally ill cannot take decisions in their best interest and therefore, allow for the appointment of a representative. 

The other Merits of the Act in my opinion lie in the decriminalization of Attempt to Suicide. The Act states — “115. (1) Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.” It also enables the mentally ill with the right to access mental healthcare and treatment, the right to free treatment (for those below the poverty line). Other powerful merits that allow the right to live with dignity are, not being subject to electro-convulsive therapy without muscle-relaxants and anesthesia, not to be chained or put in solitary confinement and the right to confidentiality. Sterilization is also prohibited.

However, the Act talks about an idealistic Review Board and Mental Healthcare authorities at the Central and State levels. Most of the rights outlined in the act cannot come to play without allotment of facilities for the fulfillment of the clauses. Especially in India, where Mental healthcare isn’t an established sector, where there are pre-existing resources. The development of these resources will need investments. The budget for the healthcare sector, in totality, comprises 1-2% of the Union Budget. Furthermore, the few skilled mental health practitioners in the country fail to be enough to substantially improve mental health of the country. The Act, while emancipating the mental ill, does little for the prevention of mental illness.

In conclusion, the Mental Healthcare Act will definitely prove to be a step forward for India, if it is implemented in its true spirit. It is quite progressive and shows the changing views towards mental illness. Focus has shifted from the threat the mentally ill may pose to society, to recognizing the mentally ill, as individuals, who have rights. The act hopefully helps in de-stigmatization of mental illness in society. The success of this act can’t be judged as it has just been approved by the Rajya Sabha in the August of 2017. However, if adequate resources aren’t allocated to fund this ambitious dream, India may never come to realize it.

Works Referenced;

The Gazette of India, Mental Health Care Act, 2017.