India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

, 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. The law was described in its opening paragraph as "An Act to provide for mental healthcare and services for persons with

mental illness A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...

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." This Act superseded the previously existing

Mental Health Act, 1987 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 resp ...

that was passed on 22 May 1987. 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 The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...

) 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

# 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. # The Act seeks to fulfill India's international obligation pursuant to the Convention on Rights of Persons with Disabilities and its Optional Protocol. # 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. # 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. # 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. # The Act has restricted the usage of

Electroconvulsive therapy Electroconvulsive therapy (ECT) is a psychiatry, psychiatric treatment that causes a generalized seizure by passing electrical current through the brain. ECT is often used as an intervention for mental disorders when other treatments are inadequ ...

(ECT) to be used only in cases of emergency, and along with

muscle relaxant A muscle relaxant is a drug that affects skeletal muscle function and decreases the muscle tone. It may be used to alleviate symptoms such as muscle spasms, pain, and hyperreflexia. The term "muscle relaxant" is used to refer to two major therapeu ...

s and

anaesthesia Anesthesia (American English) or anaesthesia (British English) is a state of controlled, temporary loss of sensation or awareness that is induced for medical or veterinary purposes. It may include some or all of analgesia (relief from or prev ...

. Further, ECT has additionally been prohibited to be used as viable therapy for minors. # The responsibilities of other agencies such as the police with respect to people with mental illness has been outlined in the 2017 Act. # 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.

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).

References

{{Cite journal , last=Ranjan , first=Rajeev , last2=Kumar , first2=Saurabh , last3=Pattanayak , first3=RamanDeep , last4=Dhawan , first4=Anju , last5=Sagar , first5=Rajesh , date=2014 , title=(De-) criminalization of attempted suicide in India: A review , url=http://dx.doi.org/10.4103/0972-6748.144936 , journal=Industrial Psychiatry Journal , volume=23 , issue=1 , pages=4 , doi=10.4103/0972-6748.144936 , issn=0972-6748, doi-access=free , pmc=4261212

External links

Mental Healthcare Act notified, attempting suicide no longer a crime in India
Acts of the Parliament of India 2017 Mental health in India 2017 in Indian law