Vidhi Codex

Mental Healthcare Act

The Mental Healthcare Act, 2017

Health2017126 sections

The Mental Healthcare Act, 2017 regulates mental health services and medical institutions across India. It applies to individuals experiencing mental illness, their caregivers, healthcare professionals, and government agencies. This law matters because it safeguards patient autonomy, offering the right to register advance directives and nominate representatives for healthcare and treatment decisions. It protects dignity by prohibiting cruel treatments, such as chaining and seclusion, and restricts medical procedures like electroconvulsive therapy. Crucially, it mandates accessible community healthcare services and effectively decriminalizes suicide by assuming severe stress during any attempt, shifting the national focus from criminal prosecution to supportive medical rehabilitation care.

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  1. 1. Short title, extent and commencement
  2. 2. Official Gazette, appoint; or on the date of completion of the period of nine months from the date on which the Mental Healthcare Act, 2017 receives the assent of the President.
  3. 3. Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not inconsistent with this Act shall have the meanings respectively assigned to them in those Acts.
  4. 4. Capacity to make mental healthcare and treatment decisions
  5. 5. Provided that such determination shall be subject to review by the Mental Health Review Board.
  6. 6. Manner of making advance directive
  7. 7. Maintenance of online register
  8. 8. Revocation, amendment or cancellation of advance directive
  9. 9. Advance directive not to apply to emergency treatment
  10. 10. Duty to follow advance directive
  11. 11. Power to review, alter, modify or cancel advance directive
  12. 12. Review of advance directives
  13. 13. Board.
  14. 14. Appointment and revocation of nominated representative
  15. 15. Nominated representative of minor
  16. 16. Revocation, alteration, etc., of nominated representative by Board
  17. 17. Duties of nominated representative
  18. 18. Right to access mental healthcare
  19. 19. Right to community living
  20. 20. Right to protection from cruel, inhuman and degrading treatment
  21. 21. Right to equality and non-discrimination
  22. 22. Right to information
  23. 23. Right to confidentiality
  24. 24. Restriction on release of information in respect of mental illness
  25. 25. Right to access medical records
  26. 26. Right to personal contacts and communication
  27. 27. Right to legal aid
  28. 28. Right to make complaints about deficiencies in provision of services
  29. 29. Promotion of mental health and preventive programmes
  30. 30. Creating awareness about mental health and illness and reducing stigma associated with mental illness
  31. 31. Appropriate Government to take measures as regard to human resource development and training, etc.
  32. 32. Co-ordination within appropriate Government
  33. 33. Establishment of Central Authority
  34. 34. Composition of Central Authority
  35. 35. Term of office, salaries and allowances of chairperson and members
  36. 36. Resignation
  37. 37. Filling of vacancies
  38. 38. A vacancy in the Central Authority shall be filled in such manner as may be prescribed.
  39. 39. Member not to participate in meetings in certain cases
  40. 40. Officers and other employees of Central Authority
  41. 41. The Central Government shall provide the Central Authority with such officers and other employees as may be necessary for the efficient performance of its functions under this Act.
  42. 42. Transfer of assets, liabilities of Central Authority
  43. 43. Functions of Central Authority
  44. 44. Meetings of Central Authority
  45. 45. Establishment of State Authority
  46. 46. Composition of State Authority
  47. 47. Term of office, salaries and allowances of chairperson and other members
  48. 48. Resignation
  49. 49. Filling of vacancies
  50. 50. Vacancies, etc., not to invalidate proceedings of State Authority
  51. 51. Member not to participate in meetings in certain cases
  52. 52. Officers and other employees of State Authority
  53. 53. Functions of chief executive officer of State Authority
  54. 54. Transfer of assets, liabilities of State Authority
  55. 55. Functions of State Authority
  56. 56. Meetings of State Authority
  57. 57. Grants by Central Government to Central Authority
  58. 58. Central Mental Health Authority Fund
  59. 59. Accounts and audit of Central Authority
  60. 60. Annual report of Central Authority
  61. 61. Grants by State Government
  62. 62. State Mental Health Authority Fund
  63. 63. Accounts and audit of State Authority
  64. 64. Annual report of State Authority
  65. 65. Registration of mental health establishment
  66. 66. Procedure for registration, inspection and inquiry of mental health establishments
  67. 67. Audit of mental health establishment
  68. 68. Inspection and inquiry
  69. 69. Appeal to High Court against order of Authority
  70. 70. Certificates, fees and register of mental health establishments
  71. 71. Maintenance of register of mental health establishment in digital format
  72. 72. Duty of mental health establishment to display information
  73. 73. Constitution of Mental Health Review Boards
  74. 74. Composition of Board
  75. 75. Terms and conditions of service of chairperson and members of Board
  76. 76. Decisions of Authority and Board
  77. 77. Every decision of the Authority and the Board shall be in writing and shall be signed by the chairperson and the members, as the case may be, and shall be communicated to the parties concerned.
  78. 78. Proceedings before Board to be judicial proceedings
  79. 79. Meetings
  80. 80. Proceedings before Board
  81. 81. Central Authority to appoint Expert Committee to prepare guidance document
  82. 82. Powers and functions of Board
  83. 83. Appeal to High Court against order of Authority or Board
  84. 84. Any person aggrieved by any order of the Authority or the Board may file an appeal to the High Court within sixty days from the date of the order made by the Authority or the Board.
  85. 85. Admission of person with mental illness as independent patient in mental health establishment
  86. 86. Independent admission and treatment
  87. 87. Admission of minor
  88. 88. Discharge of independent patients
  89. 89. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission)
  90. 90. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days)
  91. 91. Leave of absence
  92. 92. Absence without leave or discharge
  93. 93. Transfer of persons with mental illness from one mental health establishment to another mental health establishment
  94. 94. Emergency treatment
  95. 95. Prohibited procedures
  96. 96. Restriction on psychosurgery for persons with mental illness
  97. 97. Restraints and seclusion
  98. 98. Discharge planning
  99. 99. Research
  100. 100. Duties of police officers in respect of persons with mental illness
  101. 101. Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected
  102. 102. Conveying or admitting person with mental illness to mental health establishment by Magistrate
  103. 103. Prisoners with mental illness
  104. 104. Persons in custodial institutions
  105. 105. Question of mental illness in judicial process
  106. 106. Restriction to discharge functions by professionals not covered by profession
  107. 107. Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act
  108. 108. Punishment for contravention of provisions of the Act or rules or regulations made thereunder
  109. 109. Offences by companies
  110. 110. Power to call for information
  111. 111. Power of Central Government to issue directions
  112. 112. Power of Central Government to supersede Central Authority
  113. 113. Power of State Government to supersede State Authority
  114. 114. Special provisions for States in north-east and hill States
  115. 115. Presumption of severe stress in case of attempt to commit suicide
  116. 116. Bar of jurisdiction
  117. 117. Transitory provisions
  118. 118. Chairperson, members and staff of Authority and Board to be public servants
  119. 119. Protection of action taken in good faith
  120. 120. Act to have overriding effect
  121. 121. Power of Central Government and State Governments to make rules
  122. 122. Power of Central Authority to make regulations
  123. 123. Power of State Authority to make regulations
  124. 124. Laying of rules and regulations
  125. 125. Power to remove difficulties
  126. 126. Repeal and saving

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