Mental Healthcare Act 2017 Protecting Mental Health Rights in India

The Mental Healthcare Act 2017 is a landmark legislation in India aimed at providing comprehensive care for mental health conditions and safeguarding the rights of individuals with mental illnesses. It marks a significant step toward destigmatizing mental health and ensuring accessible and affordable mental healthcare services for all.

In this article, we’ll explore the Mental Healthcare Act’s purpose, benefits, advantages, disadvantages, and how to seek assistance under it in a step-by-step. This content is written in simple language to ensure it’s easy to understand for everyone.

What is the Mental Healthcare Act 2017?

The Mental Healthcare Act 2017 was passed by the Indian Parliament to protect the rights of people with mental illnesses and provide them with access to mental health services. This Act replaced the outdated Mental Health Act of 1987, focusing on human rights and dignity.

One of the significant highlights of this Act is that it decriminalizes suicide, recognizing it as a result of mental distress rather than a criminal act.

Objectives of the Mental Healthcare Act 2017

Provide Accessible Mental Health Services:
Ensure affordable and quality mental healthcare services across the country.
Protect Rights:
Safeguard the rights of individuals with mental illnesses, ensuring they are treated with dignity and respect.
Promote Awareness:
Educate the public about mental health to reduce stigma and discrimination.
Decriminalize Suicide:
Offer care and support to individuals who attempt suicide rather than punishing them.
Strengthen Mental Health Institutions:
Improve the infrastructure and functioning of mental health establishments.

Key Features of the Mental Healthcare Act 2017

1. Right to Access Mental Healthcare

Every person has the right to affordable and accessible mental healthcare services.

2. Protection Against Discrimination

The Act prohibits discrimination based on gender, religion, caste, sexual orientation, or other factors in providing mental health services.

3. Decriminalization of Suicide

Attempting suicide is no longer considered a crime under this Act. Instead, individuals are offered treatment and care.

4. Advance Directives

Patients can create an advance directive specifying their preferences for treatment in case they are unable to make decisions later.

5. Establishment of Mental Health Review Boards (MHRBs)

These boards ensure the rights of patients are upheld and provide a mechanism for resolving disputes.

6. Informed Consent

Patients must be informed about their condition and treatment options, and their consent is required before starting treatment.

Why Was the Mental Healthcare Act 2017 Introduced?

Mental health issues have been a neglected aspect of healthcare in India, with limited access to services and widespread stigma. The Act was introduced to address the following challenges:

Lack of awareness about mental health.
Stigma and discrimination against individuals with mental illnesses.
Inadequate infrastructure and workforce in mental health institutions.
Absence of legal protection for the rights of individuals with mental health conditions.

Who Benefits from the Mental Healthcare Act 2017?

Individuals with Mental Illnesses:
Gain access to quality mental healthcare services and protection of their rights.
Families of Patients:
Receive guidance and support in managing the mental health conditions of their loved ones.
Healthcare Providers:
Work within a structured framework to deliver ethical and patient-centred care.
General Public:
Benefit from increased awareness and reduced stigma surrounding mental health issues.

Benefits of the Mental Healthcare Act 2017

Improved Access to Care:
Establishes a network of mental health services across urban and rural areas.
Protection of Rights:
Ensures individuals with mental illnesses are treated with dignity and equality.
De-stigmatization:
Encourages open discussions about mental health by promoting awareness.
Legal Safeguards:
Provides legal protection to prevent abuse or exploitation of patients.
Care for Suicide Survivors:
Offers treatment and support to individuals who attempt suicide instead of criminalizing them.

Advantages of the Mental Healthcare Act 2017

Patient-Centric Approach:
Focuses on the rights, preferences, and dignity of individuals with mental illnesses.
Strengthened Infrastructure:
Promotes the development of mental health establishments and training of healthcare professionals.
Ethical Standards:
Mandates informed consent and transparency in treatment processes.
Comprehensive Coverage:
Extends benefits to individuals from all sections of society, including marginalized groups.
Reduced Stigma:
Helps create a supportive environment for discussing and seeking help for mental health issues.

Disadvantages of the Mental Healthcare Act 2017

Implementation Challenges:
Limited resources and trained professionals make implementation difficult in rural areas.
Lack of Awareness:
Many people are unaware of their rights and the provisions of the Act.
Insufficient Funding:
Mental health services remain underfunded compared to other healthcare sectors.
Overburdened Institutions:
Existing mental health facilities face a high patient load due to limited infrastructure.
Cultural Barriers:
Stigma and traditional beliefs hinder people from seeking mental healthcare.

How to Seek Help Under the Mental Healthcare Act 2017?

Step 1: Identify the Need

Recognize symptoms of mental health issues, such as prolonged sadness, anxiety, or changes in behaviour.
Seek support from family or friends if needed.

Step 2: Contact Mental Health Services

Visit a nearby mental health establishment or government hospital.
Call helplines like KIRAN (1800-599-0019) for immediate assistance.

Step 3: Register a Complaint (if Rights Are Violated)

Contact the Mental Health Review Board (MHRB) in your area.
File a complaint if you feel your rights have been violated during treatment.

Step 4: Create an Advance Directive

Consult a mental health professional to draft an advance directive.
Submit the directive to the MHRB for approval.

Step 5: Follow Up on Treatment

Regularly consult your healthcare provider to monitor progress.
Seek counseling or therapy as recommended.

How You Can Support Mental Health Awareness

Educate Yourself and Others:
Learn about mental health issues and share information to reduce stigma.
Advocate for Rights:
Support campaigns and initiatives promoting mental health rights.
Encourage Open Discussions:
Create safe spaces for people to share their experiences and seek help.
Volunteer:
Join organizations working in the mental health sector to contribute to their efforts.

The Mental Healthcare Act 2017 is a progressive step toward addressing mental health challenges in India. It emphasizes the dignity, rights, and well-being of individuals with mental illnesses while providing a legal framework to support them.

To learn more about mental health resources and rights, visit the National Mental Health Programme website.