Salient Features of Mental Healthcare Act, 2017

SLIDE 1 : What is Mental Healthcare Act For.

 The Mental Healthcare Bill received the President’s assent on 7 th April, 2017. The Act,
2017 was passed to align with the Convention on Rights of Persons with Disabilities
adopted by the UN and came into force from 3rd May, 2008.
 Mental illness as defined means a substantial disorder of thinking, mood, perception,
orientation or memory that grossly impairs judgment, behaviour, capacity to
recognise 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 characterised by subnormality of intelligence.

SLIDE 2 : Prohibitions under the Act

 The Act has prohibited procedures which seems barbarian and against human rights.
Electro-convulsive therapy and chained in any manner are forbidden.
 Section 96 states that no psychosurgery shall be performed until the informed
consent of the patient on whom surgery is being performed or approval from the
concerned board to perform the surgery.

SLIDE 3 : Authorities under the Act

 The Act empowers the government to setup Central Mental Health Authority at
National and State Mental Health Authority in every State.
 Every mental health institute and mental health practitioners including clinical
psychologists, mental health nurses and psychiatric social workers will have to be
registered with their concerned regulatory Authority.

SLIDE 4 : View of the Supreme Court

 The Supreme Court in Accused ‘x’ vs. State of Maharashtra [AIR 2019 SC 3031] held
that all human beings possess the capacities inherent in their nature even though,
because of infancy, disability, or senility, they may not yet, not now, or no longer
have the ability to exercise them. When such disability occurs, a person may not be
in a position to understand the implications of his actions and the consequence it
entails. In this situation, the execution of such a person would lower the majesty of
law.