Written By Nandini Achhra
Vivekananda institute of professional studies,
New Delhi,
January 2025
Introduction
There is no health without mental health. — World Health Organization (WHO)
This powerful statement by the WHO underscores the fundamental role that mental health plays in our overall well-being. In recognition of this, India enacted the Mental Healthcare Act, 2017, a landmark legislation aimed at providing comprehensive mental health care and protecting the rights of people affected by mental illnesses. This piece of work explores the essential aspects of this act, considering its provisions, impact, suggestions and the way forward. The notions on mental health in India are a topic that most have only a very general idea about. The issue is not only the lack of knowledge but also the failure to acknowledge and address this.
In turn, this leads to significant effects on the lives of affected individuals. Mental health issues are commonly very stigmatized in India. Traditionally, if a person suffered from a mental disorder, it was believed that supernatural or magical forces were behind their abnormal behavior. In many cultures, a shaman or medicine man was believed to have contact with supernatural forces, a way in which spirits are said to communicate with humans. Immediately after the period of the supernatural was the organic approach which pointed out that maladaptive behavior happens because of faulty biological processes and disturbances in the linking which unites the brain with the body. Another and most current approach towards the studies of mental illness is the psychological approach which conceives that psychological problems arise due to the way people think, feel and perceive the world. All these three approaches have recurred throughout the course of western civilisation through philosophers such as Hippocrates, Socrates and Plato who developed organismic approaches.
In the middle ages, Demonology and superstitions gained importance. The renaissance period was marked by curiosity about the behaviour. It was during this period that the importance of treatment was emphasized. The enlightenment stage that followed was marked with greater sensitivity towards humanity and was by preference oriented towards deinstitutionalisation.
To address the altered psyche, the Indian Government enacted the Mental Healthcare Act 2017. It came into effect on July 7, 2018 replacing the previous Mental Health Act of
- This new law also conforms to the United Nations Convention on the Rights of Persons with Disabilities (2006), providing enhanced protection for the rights of individuals with mental illnesses.
History
After gaining independence from Britain in 1947, India had the impetus to introduce the most contemporary legislation regarding mental health, but this had to wait for over 35 years and was put in place with the Mental Health Act of 1987. This Act focused mainly on treatment; psychologists and specialists could take care of patients without their consent, which led to gross violation of rights. By the time this Act came into effect, put into practice, most of the provisions contained in this act rendered unnecessary with massive progress in mental health care delivery systems.
The Mental Healthcare Act, 2017 is a landmark legislation in India’s mental health laws that brings in a new vision for the humane and rights-based approach to the provision of mental health care. The status shows the commitment by India towards improved services on mental health fields and the protection of the rights of the mentally ill persons, besides upholding their dignity and well-being.
About the Act
Mental health care act was introduced in the parliament on 7th April 2017 and came into effect after taking the president’s assent. The Central government however brought it into effect on 29th May 2018.
There are 16 chapters containing 126 clauses. There were two basic objectives for implementation of this act. Firstly due to the need of providing mental healthcare and services offered by the central government to the people who had become mentally ill and secondly ,to protect, promote and realize the rights of the above-mentioned individuals during the provision of mental health services. This Act protects the rights and dignity of mentally ill persons as provided for in the UN Convention on Rights of Persons with Disabilities. It seeks to ensure there is access to Mental health services at the community level, access improved and stigma reduced. It enables one to specify advance directives on what is expected in treatment and also who should make decisions on their behalf in case they are unable. It provides standards for treatment facilities in mental healthcare; thus, patients receive humane and dignified treatment. It also demands that the insurance firms include mental illnesses on an equal footing with physical illnesses to reduce further burden on the individual and families financially.
Suggestions
Increased funding and infrastructure development, particularly in the rural regions, will increase access to these areas and aid in achieving quality care. More training of mental health professionals through comprehensive programs is needed. Public awareness and stigma reduction through national campaigns and positive media reviews will significantly alter attitudes, thus bringing about positive change.
Strong monitoring systems, updating of the Act and the rights of patients are good ways to prevent abuse while also promoting patient-centered care. Integrating mental health service into primary healthcare as well as utilizing technology to reach inaccessible locations will give comprehensive care.
Conclusion
The Mental Healthcare Act, 2017 represents a landmark development in protecting rights and dignity of persons afflicted with mental health disorders within India. It has revamped archaic legislation to meet the modern standards and convention. However, the Act faces few challenges as well, however to overcome them by laws and its reforms, increased funding, and community-based support is essential. By focusing on these areas, India can enrich the Act and it’s effectiveness by ensuring that everyone enjoys full and humane mental health care.
References
- Drishti IAS , https://www.drishtiias.com/daily-updates/daily-news-analysis/mental-healthcare-act-2017, ( Last visited September 20 , 2024)
- Math SB, Basavaraju V, Harihara SN, Gowda GS, Manjunatha N, Kumar CN, Gowda M. Mental Healthcare Act 2017 – Aspiration to action. Indian J Psychiatry. 2019 April
- Psychology 78 ( National Council of Education Research and Training 2012)
- Ramya Pillutla , Decriminalising Attempted Suicide in India : The new penal code , IMHO ,( September 18 , 2024 ,9:24PM https://cmhlp.org/imho/blog/decriminalising-attempted-suicide-in-india-the-new-penal-code/
- Sneha, V.; Madhusudhan, Shivappa; Prashanth, N. Rudra; Chandrashekar, Hongally. Decriminalization of suicide as per Section 115 of Mental Health Care Act 2017. Indian Journal of Psychiatry ,147-148, (2018)
- Tribune India , https://www.tribuneindia.com/news/nation/new-bharatiya-nyaya-sanhita-bill-proposes-to-do-away-with-ipc-provisions-on-unnatural-sex-adultery-534797 , ( last visited September 20 , 2024)
