The Mental Healthcare Act (MHCA), 2017, is a landmark rights-based legislation in India that repealed the outdated Mental Health Act of 1987. It came into force on May 29, 2018, to fulfill India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
| Key Provision | Details |
|---|---|
| Rights-Based Approach | Ensures persons with mental illness (PMI) are treated as equal citizens with rights to access healthcare, community living, and non-discrimination. |
| Decriminalization of Suicide | Attempting suicide is presumed to be a result of severe stress; the government is mandated to provide care, treatment, and rehabilitation rather than punishment. |
| Advance Directives & NR | PMI can specify treatment preferences via an Advance Directive and appoint a Nominated Representative (NR) to make decisions if they lose capacity. |
| Regulation & Oversight | Establishes Mental Health Review Boards (MHRBs) at the district level and mandates registration for all mental health establishments. |
| Treatment Standards | Mandates insurance for mental illness and strictly regulates procedures like ECT, prohibiting its use for minors without anesthesia and muscle relaxants. |
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