mental health care act 2017

 

What is the Background MHA, 2017?


  • Before MHA 2017, the Mental Healthcare Act, 1987 existed, which prioritized the institutionalization of mentally ill people and did not afford any rights to the patient.
  • The Act provided disproportionate authority to judicial officers and mental health establishments to authorize long-stay admissions, often against the informed consent and wishes of the individual.
  • Consequently, several persons continue to be admitted and languish in mental health establishments against their will.
  • It embodied the ethos of the colonial-era Indian Lunacy Act of 1912, which linked criminality and madness.
    • Asylums were places where “abnormal” and “unproductive” behaviour was studied as an individual phenomenon, isolating the individual from society. The intervention is meant to correct an inherent deficit or “abnormality”, thereby leading to “recovery”.
  • In 2017, the MHA dismantled the clinical heritage attached to asylums.



What is MHA 2017?

  • About:
    • This Act defined mental illness as “a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs.
    • It also provides the right of patients to access facilities that include rehabilitation services in the hospital, community, and home, sheltered and supported accommodation.
    • It regulates the research on PMI (Person with Mental Illness) and the use of neurosurgical treatments. 
    • It discourages long-term institutionalisation of patients and reaffirms the rights of people to live independently and within communities.
    • The government was made responsible for creating opportunities to access less restrictive options for community living – such as halfway homes, rehab homes, etc.
    • The Act also discourages using physical restraints (such as chaining), objects to unmodified electro-convulsive therapy (ECT).
    • It pushes for the rights to hygiene, sanitation, food, recreation, privacy, and infrastructure and recognises that people have a capacity of their own (unless proven otherwise).
    • It also empowers people  - to make “advance directives” and can nominate a representative for themselves.... Read more at: https://vajiramandravi.com/current-affairs/mental-healthcare-act-2017/

  • Mental Health Establishments: 
    • Every mental health establishment has to be registered with the respective Central or State Mental Health Authority. 
    • For registration, the concerned establishment needs to fulfil different criteria as mentioned in the Act.
    • The act also outlines the procedure and process for admission, treatment and subsequent discharge of mentally ill persons.
  • Mental Health Review Commission and Board: 
    • It is a quasi-judicial body responsible for reviewing procedures for making advance directives. 
    • It will also advise the government on the protection of mentally ill persons’ rights.
    • It further states that the body in agreement with the state governments constitutes Mental Health Review Boards in states’ districts.


  • Rights under MHA:
    • Right to Make an Advance Directive (Patient can state on how to be treated or not to be treated for the illness during a mental health situation).
    • Right to Access to Healthcare Services.
    • Right to free of cost healthcare services.
    • Right to live in a community.
    • Right to protection from cruel, inhuman and degrading treatment.
    • Right not to be treated under prohibited treatment.
    • Right to equality and non-discrimination.
    • Right to information.
    • Right to confidentiality.
    • Right to legal aid and complain.
  • Attempt to Commit Suicide not an Offence:
    • A person who attempts to commit suicide will be presumed to be “suffering from severe stress’’ and shall not be subjected to any investigation or prosecution.
  • The act envisages the establishment of Central Mental Health Authority and State Mental Health Authority.
Punishment  

Any person who contravenes any of the provisions of this Act, or of any rule or regulation made thereunder shall for first contravention be punishable with imprisonment for a term 

which may extend to six months, or with a fine which may extend to ten thousand rupees or with both, 

and for any subsequent contravention with imprisonment for a term which may extend to two years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or with both.


Offences by companies. 

(1)   every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly

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