Mental Healthcare Act, 2017

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Mental Health Care Act, 2017
Emblem of India.svg
Parliament of India
  • A law to provide for mental healthcare and services for people with mental illness and to protect, promote and fulfil the rights of such people during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.
Citation Act No. 10 of 2017
Territorial extentIndia
Passed by Rajya Sabha
Passed30 March 2017
Passed by Lok Sabha
Passed27 March 2017
Assented to7 April 2017
Commenced29 May 2018
Legislative history
First chamber: Rajya Sabha
Bill titleMental Health Care Bill, 2013
Bill citation Bill No. LIV of 2013
Introduced by Ghulam Nabi Azad
Introduced19 August 2013
Committee report Standing Committee Report
Final stages
Reported from conference committee 20 November 2013
Repeals
Mental Health Act, 1987
Status: In force

In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29 May 2018. The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code. [1] The law was described in its opening paragraph as "An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto." [2] This Act superseded the previously existing Mental Health Act, 1987 that was passed on 22 May 1987.

Contents

It states that mental illness be determined "in accordance with nationally and internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organization) as may be notified by the Central Government." Additionally, the Act asserts that no person or authority shall classify an individual as a person with mental illness unless in directly in relation with treatment of the illness.

Revisions made from the Mental Health Act 1987

  1. The Mental Healthcare Act 2017 aims at decriminalizing the attempt to die by suicide by seeking to ensure that the individuals who have attempted suicide are offered opportunities for rehabilitation from the government as opposed to being tried or punished for the attempt.
  2. The Act seeks to fulfill India's international obligation pursuant to the Convention on Rights of Persons with Disabilities and its Optional Protocol.
  3. It looks to empower persons suffering from mental illness, thus marking a departure from the Mental Health Act 1987. The 2017 Act recognizes the agency of people with mental illness, allowing them to make decisions regarding their health, given that they have the appropriate knowledge to do so.
  4. The Act aims to safeguard the rights of the people with mental illness, along with access to healthcare and treatment without discrimination from the government. Additionally, insurers are now bound to make provisions for medical insurance for the treatment of mental illness on the same basis as is available for the treatment of physical ailments.
  5. The Mental Health Care Act 2017 includes provisions for the registration of mental health related institutions and for the regulation of the sector. These measures include the necessity of setting up mental health establishments across the country to ensure that no person with mental illness will have to travel far for treatment, as well as the creation of a mental health review board which will act as a regulatory body.
  6. The Act has restricted the usage of Electroconvulsive therapy (ECT) to be used only in cases of emergency, and along with muscle relaxants and anaesthesia. Further, ECT has additionally been prohibited to be used as viable therapy for minors.
  7. The responsibilities of other agencies such as the police with respect to people with mental illness has been outlined in the 2017 Act.
  8. The Mental Health Care Act 2017 has additionally vouched to tackle stigma of mental illness, and has outlined some measures on how to achieve the same. [2] [3]

Impact of the Mental Health Care Act (MHCA) of 2017

Decriminalization refers to a criminal offense being no longer treated as one thus removing the consequences associated with this action. The MHCA decriminalizes the attempt to die by suicide. Prior to this act, attempts to die by suicide were penalized with either imprisonment for one year, a fine, or both (Ranjan et al., 2014), under Section 309 of the Indian Penal Code. The MHCA can reduce the stress of individuals who struggle with mental health, as now they can prioritize seeking help rather than fearing the consequences associated with this action (Vadlamani & Gowda, 2019). The MHCA also provides mental healthcare professionals and establishments with procedures and government funding in order to assist individuals who attempt suicide in order to prevent the possibility of future attempts (Vadlamani & Gowda, 2019).

Related Research Articles

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Outpatient commitment—also called assisted outpatient treatment (AOT) or community treatment orders (CTO)—refers to a civil court procedure wherein a legal process orders an individual diagnosed with a severe mental disorder to adhere to an outpatient treatment plan designed to prevent further deterioration or recurrence that is harmful to themselves or others.

Anti-psychiatry, sometimes spelled antipsychiatry without the hyphen, is a movement based on the view that psychiatric treatment is often more damaging than helpful to patients, highlighting controversies about psychiatry. Objections include the reliability of psychiatric diagnosis, the questionable effectiveness and harm associated with psychiatric medications, the failure of psychiatry to demonstrate any disease treatment mechanism for psychiatric medication effects, and legal concerns about equal human rights and civil freedom being nullified by the presence of diagnosis. Historical critiques of psychiatry came to light after focus on the extreme harms associated with electroconvulsive therapy or insulin shock therapy. The term "anti-psychiatry" is in dispute and often used to dismiss all critics of psychiatry, many of whom agree that a specialized role of helper for people in emotional distress may at times be appropriate, and allow for individual choice around treatment decisions.

<span class="mw-page-title-main">Electroconvulsive therapy</span> Medical procedure in which electrical current is passed through the brain

Electroconvulsive therapy (ECT) or electroshock therapy (EST) is a psychiatric treatment where a generalized seizure is electrically induced to manage refractory mental disorders. Typically, 70 to 120 volts are applied externally to the patient's head, resulting in approximately 800 milliamperes of direct current passing between the electrodes, for a duration of 100 milliseconds to 6 seconds, either from temple to temple or from front to back of one side of the head. However, only about 1% of the electrical current crosses the bony skull into the brain because skull impedance is about 100 times higher than skin impedance.

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<span class="mw-page-title-main">Mental Health Act 1983</span> Law in England and Wales

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<span class="mw-page-title-main">Suicide legislation</span> Laws concerning suicide around the world

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Involuntary treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.

<span class="mw-page-title-main">Suicidal ideation</span> Thoughts, ideas, or ruminations about the possibility of ending ones life

Suicidal ideation, or suicidal thoughts, is the thought process of having ideas, or ruminations about the possibility of committing suicide. It is not a diagnosis but is a symptom of some mental disorders, use of certain psychoactive drugs, and can also occur in response to adverse life events without the presence of a mental disorder.

<span class="mw-page-title-main">Healthcare in Pakistan</span> Overview of the health care system in Pakistan

The healthcare delivery system of Pakistan is complex because it includes healthcare subsystems by federal governments and provincial governments competing with formal and informal private sector healthcare systems. Healthcare is delivered mainly through vertically managed disease-specific mechanisms. The different institutions that are responsible for this include: provincial and district health departments, parastatal organizations, social security institutions, non-governmental organizations (NGOs) and private sector. The country's health sector is also marked by urban-rural disparities in healthcare delivery and an imbalance in the health workforce, with insufficient health managers, nurses, paramedics and skilled birth attendants in the peripheral areas. Pakistan's gross national income per capita in 2021 was $4,990 and the total expenditure on health per capita in 2021 was Rs 657.2 Billion, constituting 1.4% of the country's GDP. The health care delivery system in Pakistan consists of public and private sectors. Under the constitution, health is primarily responsibility of the provincial government, except in the federally administered areas. Health care delivery has traditionally been jointly administered by the federal and provincial governments with districts mainly responsible for implementation. Service delivery is being organized through preventive, promotive, curative and rehabilitative services. The curative and rehabilitative services are being provided mainly at the secondary and tertiary care facilities. Preventive and promotive services, on the other hand, are mainly provided through various national programs; and community health workers’ interfacing with the communities through primary healthcare facilities and outreach activities. The state provides healthcare through a three-tiered healthcare delivery system and a range of public health interventions. Some government/ semi government organizations like the armed forces, Sui Gas, WAPDA, Railways, Fauji Foundation, Employees Social Security Institution and NUST provide health service to their employees and their dependants through their own system, however, these collectively cover about 10% of the population. The private health sector constitutes a diverse group of doctors, nurses, pharmacists, traditional healers, drug vendors, as well as laboratory technicians, shopkeepers and unqualified practitioners.

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A suicide attempt is an act in which an individual tries to kill themselves but survives. Mental health professionals discourage describing suicide attempts as "failed" or "unsuccessful", as doing so may imply that a suicide resulting in death is a successful or desirable outcome.

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<span class="mw-page-title-main">Mental Health Act, 1987</span> 1987 Act of the Parliament of India

In India, the Mental Health Act was passed on 22 May 1987. The law was described in its opening paragraph as "An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto."

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<span class="mw-page-title-main">Mental health in India</span> Overview of mental health care system in India

Mental healthcare in India is a right secured to every person in the country by law. Indian mental health legislation, as per a 2017 study, meets 68% (119/175) of the World Health Organization (WHO) standards laid down in the WHO Checklist of Mental Health Legislation. However, human resources and expertise in the field of mental health in India is significantly low when compared to the population of the country. The allocation of the national healthcare budget to mental health is also low, standing at 0.16%. India's mental health policy was released in 2014.

Suicide prevention and intervention efforts in India are in the nascent stage. According to the World Health Organization (WHO), suicide in India is a serious public health issue but it can be prevented with timely interventions that are based on evidence. Suicide prevention is also one of the United Nations Sustainable Development Goals (SDG3.4.2) wherein they have asked member countries to work towards reduce global suicide rates by one third by 2030. Notable steps taken by the Government of India include the decriminalization of suicide in the Mental HealthCare Act of 2017 and launching of India's first mental health toll free helpline KIRAN. Many experts have emphasised the urgent need for a national strategy for suicide prevention to be implemented that is multi-sectoral in nature.

References

  1. "Mental health bill decriminalising suicide passed by Parliament". The Indian Express. 27 March 2017. Archived from the original on 27 March 2017. Retrieved 27 March 2017.
  2. 1 2 "The Mental Health Care Act, 2017" (PDF). Government of India. Archived from the original (PDF) on 12 October 2019. Retrieved 12 October 2017.
  3. "Mental Health Act, 1987" (PDF). Archived from the original (PDF) on 5 January 2018. Retrieved 5 January 2018.

[1]

[2]

  1. Vadlamani, LaxmiNaresh; Gowda, Mahesh (2019). "Practical implications of Mental Healthcare Act 2017: Suicide and suicide attempt". Indian Journal of Psychiatry. 61 (10): 750. doi: 10.4103/psychiatry.indianjpsychiatry_116_19 . ISSN   0019-5545. PMC   6482674 .
  2. Ranjan, Rajeev; Kumar, Saurabh; Pattanayak, RamanDeep; Dhawan, Anju; Sagar, Rajesh (2014). "(De-) criminalization of attempted suicide in India: A review". Industrial Psychiatry Journal. 23 (1): 4. doi: 10.4103/0972-6748.144936 . ISSN   0972-6748. PMC   4261212 .