Professional Documents
Culture Documents
2017 Policy
2017 Policy
According to (WHO), “mental health and well-being are fundamental to quality of life, enabling
people to experience life as meaningful, become creative and active citizens.”
The WHO defines mental health as “a state of well-being in which every individual realizes his or her
own potential, can cope with the stresses of life, can work productively and fruitfully.
An Act is originally a bill that concentrates on a particular subject and contains provisions relating to
it, which is proposed in the parliament when it gets approval from both the houses i.e. The Lok
Sabha and the Rajya Sabha and President as well.
Vision:
To promote Mental health prevent mental illnesses, enable recovery from the mental illness,
promote destigmatization and desegregation and socioeconomic inclusion of PWMI by providing
accessible, affordable, and quality health and social care to all persons through their lifespan within a
rights-based framework.
The set ethos of the policy was equity, justice, integrated care, evidence-based care, quality,
participatory and rights-based approach, governance, and effective delivery, value-based in all
training and teaching programs, and holistic approach to Mental health.
Goals
1. To reduce distress, disability, exclusion morbidity, and premature mortality associated with
MH problems across the lifespan of the person.
Objectives
• To increase access to Mental health care especially to vulnerable groups including homeless
persons, person in remote areas, educationally, socially, economically deprived sections.
• To reduce the prevalence and impact of risk factors associated with MH problems.
• To enhance availability and equitable distribution of skilled human resources for MH.
• To progressively enhance financial allocation and improve utilization for MH promotion and
care.
• To identify and address the bio-psycho-social determinants of MH problems and to provide
appropriate interventions.
For protecting the rights and dignity of Developing accessible and effective
persons with mental disorders. mental health services.
Mental healthcare – analysis, diagnosis and treatment as well as care and rehabilitation of a
person for his mental illness or suspected mental illness.
India did pass the Mental Healthcare Act in 2017, which aimed to provide better mental healthcare
and protect the rights of people with mental illness. Let's delve into its key aspects and implications:
1) Rights-based approach: One of the most significant aspects of the Mental Healthcare Act, 2017 is
its rights-based approach. It recognizes the rights of individuals with mental illness, including the
right to access mental healthcare, right to confidentiality, right to community living, right to legal aid,
and so on. This shift from a paternalistic approach to one centred on the rights of individuals is a
significant step forward.
2) Decriminalization of suicide: The Act decriminalizes suicide attempts, acknowledging that these
actions often stem from underlying mental health issues and should be treated as a medical, not
criminal, concern. This move aims to encourage individuals to seek help without fear of legal
repercussions, thereby promoting early intervention and treatment.
3)Advance directives: The Act allows individuals to draft advance directives specifying their
preferences for treatment in the event that they lose the capacity to make decisions about their
mental health treatment in the future. This empowers individuals to have a say in their treatment
even when they may not be in a position to communicate their preferences later on.
4) Mental Health Review Boards: The establishment of Mental Health Review Boards is another
crucial provision of the Act. These boards are responsible for protecting the rights of individuals with
mental illness, including reviewing admission, treatment, and discharge procedures. This oversight
helps ensure that involuntary admissions and treatments are carried out in accordance with the law
and with due regard for the individual's rights and dignity.
6)Penalties for non-compliance: The Act imposes penalties for various offenses, including the use of
electroconvulsive therapy (ECT) without anesthesia, failure to maintain records, and unauthorized
disclosure of information. These penalties serve as deterrents and help ensure compliance with the
provisions of the Act.
7)Challenges and implementation: While the Mental Healthcare Act, 2017 represents a significant
step forward in addressing mental health issues in India, its effective implementation poses several
challenges. These include resource constraints, inadequate mental health infrastructure, shortage of
trained professionals, and persistent stigma associated with mental illness. Addressing these
challenges requires concerted efforts from the government, healthcare providers, civil society
organizations, and the community at large.
In conclusion, the Mental Healthcare Act, 2017 of India marks a paradigm shift in the approach to
mental health, emphasizing rights, autonomy, and community-based care. While its implementation
may face challenges, the Act has the potential to significantly improve the mental health landscape in
India and promote the well-being and dignity of individuals with mental illness.
16 chap 126 sections:
Chap-1
Chap-2
Chap-3
Chap-4
Indiv (not minor) has right to appoint nominate representative (writing on plain paper, sign,
thumb imp & can’t be a minor)
Duties: appoint suitable attendant
Consider wishes & best interest
Access to fam/home based rehab prog
Provide support
Admission & discharge
Seek info on diagnosis & treatment
Right to give/withhold consent for research
Chap-5
Implementing Authorities: Central Mental Health Authority Sec 33-44; State Mental Health
Authority sec 45-56; Mental Health review board:
Promotion of MH and preventive programmes.
Creating awareness and reducing stigma
Take measures for HRD and training.
Co-ordination within appropriate Government
Unauthorized institutions will be punished 5000-50000 for 1st time, up to 2 lakhs for 2nd
time.
Any person who do the work against the Act, are liable to give up to 10,000 or 6 m of jail or
both.
Decriminalization of Suicide:
Any person who attempts to commit suicide shall be presumed to be suffering from mental
illness at the time of attempting suicide and shall not be liable to punishment under this
section. (i.e. dissolution of IPC 309)
Limitations:
Merits:
NR-
o family members are still considered as the primary caregivers
o fails to recognize the family as a site of violence and triggers for mental health
problems
o gives a relief to many persons with mental illness, especially women and LGBTQ and
intersex persons
INVOLUNTARY