THE MENTAL HEALTHCARE BILL, 2017

The Mental Health Care Bill 2013 aims to provide for mental health care and services for persons with mental illness, protect their rights during delivery of mental healthcare, and promote their well-being. The Act defines mental illness as a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet ordinary demands of life. It also establishes the Mental Health Review Commission and State Mental Health Authorities to oversee mental health services.

Under this Act, every person has the right to make an advance directive in writing specifying their care and treatment preferences for a mental illness. The advance directive must be registered with the Board or signed by a medical practitioner certifying that the person has capacity to make decisions. The Act also provides for nominated representatives who can act on behalf of persons with mental illness, particularly minors.

The Bill ensures that mental health services are provided in the least restrictive environment and that persons with mental illness have access to community living, protection from cruel, inhuman, or degrading treatment, equality, non-discrimination, information, confidentiality, and personal contacts. It also promotes awareness about mental health and reduces stigma associated with mental illnesses.

The Act empowers local authorities to provide mental health services, establishes a Central Mental Health Authority, and provides for grants to be given by the Central Government and State Governments for the implementation of this Act.