Highlights of the Mental Health Act, 2017

The Mental Health Act of 2017 in India aims to improve the mental health care system in the country and protect the rights of individuals with mental illness. It was a revolutionary act in the space of mental health and was a key step in the recognition of the importance of mental health in India. 

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Here are some of the key highlights of the MH Act:

Definition of mental illness

The MH Act defines mental illness as a substantial disorder of thinking, mood, perception, orientation, or memory that significantly impairs judgment, behaviour, capacity to recognise reality, or ability to meet the ordinary demands of life.

Rights of individuals with mental illness 

The MH Act recognises the rights of individuals with mental illness, including the right to access mental health care and treatment, confidentiality, privacy, and the right to be treated with dignity and respect.

Advance directive 

The MH Act allows individuals with mental illness to make an advance directive, which is a written document that outlines their treatment preferences and the person they wish to make decisions on their behalf if they become incapacitated.

Treatment and care 

The MH Act provides for the treatment and care of individuals with mental illness, including inpatient care, outpatient care, and community-based care. It also allows for the use of alternative and traditional systems of medicine for the treatment of mental illness.

Mental health care professionals 

The MH Act recognises the role of mental health care professionals, including psychiatrists, psychologists, psychiatric social workers, and mental health nurses, in the treatment and care of individuals with mental illness.

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Mental healthcare institutions 

The MH Act regulates the establishment, management, and functioning of mental healthcare institutions, including private and government-run hospitals and clinics. It also provides for the appointment of a Mental Health Review Board to oversee the functioning of these institutions.

Protection of rights 

The MH Act establishes a mechanism for the protection of the rights of individuals with mental illness, including the appointment of the Mental Health Review Commission and Mental Health Review Tribunal to address complaints and grievances.

Duty of care

The MH Act imposes a duty of care on family members, caretakers, and mental health care professionals to ensure that the rights of individuals with mental illness are protected.

Offences and penalties 

The MH Act criminalises certain acts, such as non-compliance with advance directives, the abuse, or exploitation of individuals with mental illness, and discrimination against individuals with mental illness. It also provides penalties for these offences.

Miscellaneous provisions 

The MH Act contains several miscellaneous provisions, including provisions for training mental health care professionals, promoting research in the field of mental health, and developing mental health policies and programs. 

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In conclusion, the Mental Health Act, 2017 is a comprehensive piece of legislation that aims to improve the mental health care system in India and protect the rights of individuals with mental illness. It recognises the importance of mental health care professionals, mental health care institutions, and the duty of care towards individuals with mental illness. It also provides a mechanism for the protection of the rights of individuals with mental illness and criminalises certain acts that harm or exploit these individuals.