This document discusses the Mental Health Act of 1987 and the Mental Health Care Act of 2017 in India. It provides an overview of the objectives and chapters of each act. The Mental Health Act of 1987 established central and state mental health authorities to license and supervise psychiatric hospitals and nursing homes, and provide oversight of facilities. The Mental Health Care Act of 2017 defines mental illness and provides for the rights of those with mental illness, including advance directives and nominated representatives.

2. Mental Health Act
1987
Mental Health Care Act
2017
&
PRASAD WAGH

3. Mental health act was drafted by parliament in
1987.
This Act come into effect in April 1993.
“ An act to consolidate and amend the law
relating to the treatment and care of mentally ill
person. Make better treatment with respect to
their property and affair matter connected
therewith and incidental thereto.
HISTORICAL CONTEXT

4. To establish central and state authorities for
licensing and supervising psychiatric hospitals.
To establish such psychiatric hospitals and
nursing homes.
To provides a check on working of these
hospitals
To provides a custody of mentally ill person
who are unable to look after themselves and
dangerous for themselves
OBJECTIVES

5. To establish central and state authorities for
licensing and supervising psychiatric hospitals.
To establish such psychiatric hospitals and
nursing homes.
To provides a check on working of these
hospitals
To provides a custody of mentally ill person
who are unable to look after themselves and
dangerous for themselves

6. CHAPTER 1: Deals with preliminaries
CHAPTER 2:Deal with the establishment of mental
health authorities at central and state
CHAPTER 3: Deals with the establishment and
maintenance of psychiatric hospitals and nursing
homes
CHAPTER 4: Deals with the procedure of admission and
detentions of mentally ill in psychiatric hospitals
CHAPTER 5: deals with the inspection, discharge, leave
of absence and removal of mentally ill persons
CHAPTERS OF MHA 1987

7. CHAPTER 6: deals with the judicial inquisitions
regarding alleged mentally ill person possessing
property and its management
CHAPTER 7: deals with the maintenance of mentally ill
in psychiatric hospitals or psychiatric nursing home
CHAPTER 8: deals with the protection of human rights
of mentally ill persons
CHAPTER 9: deals with the penalties and procedures
for infringement of guidelines of the act
CHAPTER 10: deals with the miscellaneous matters not
covered in the other chapters of the act

8. DISTRICT COURT
civil court or any other civil component to deal with any of the matter
specified in this act
INSPECTING COURT
means a person authorities by the state govt to inspect any psychiatric
hospital and
LICSENCE means a licences under section 8
MEDICAL OFFICER
in gazette medical officer in the service of the government
MENTALLY ILL PERSON:
A person who is in need of treatment by any person of mental disorder other
than mental retardation
MENTALLY ILL PRISONOR
Is mentally ill person ordered for detention in the psychiatric hospital, jail and
any other place for safety custody
CHAPTER 1

9. CENTRAL AUTHORITY
Shall be subjected to the direction and control of central government
Shall be in charge of regulation, development, direction and co ordination
with respect to mental health services under the central government
Advice the central on all matters relating to mental health.
STATE AUTHORITY
shall be subject to the superintendence, direction and control of the State
Government.
Shall be in charge of regulation, development and co-ordination with respect
to Mental Health Services under the State Government and all other matters
which, under this Act,
Advise the State Government on all matters relating to mental health
CHAPTER 2: MENTAL HEALTH
AUTHORITIES

10. Establishment or maintenance of psychiatric hospitals and
psychiatric nursing homes.
Establishment or maintenance of psychiatric hospitals or
psychiatric nursing homes only with licence.
Application for licence.
Grant or refusal of licence.
Duration and renewal of licence.
Psychiatric hospital and psychiatric nursing home to be
maintained in accordance with prescribed conditions.
Revocation of licence.
CHAPTER 3: PSYCHIATRIC HOSPITAL OR PSYCHIATRIC
NURSING HOME

11. PART 1: Admission on voluntary basis
PART 2:Admission under special circumstances
PART 3:Reception order
CHAPTER 4: ADMISSION AND DETENTION IN PSYCHIATRIC
HOSPITAL OR PSYCHIATRIC NURSING HOME

12. PART I Inspection
PART II Discharge
PART III Leave of absence
PART IV Removal
CHAPTER 5: INSPECTION, DISCHARGE, LEAVE OF ABSENCE
AND REMOVAL OF MENTALLY ILL PERSONS

13. Appointment of manager by Collector.
Appointment and remuneration of guardians and managers.
Duties of guardian and manager.
Powers of manager.
Manager to furnish inventory and annual accounts.
Manager’s power to execute conveyances under orders of District Court.
Manager to perform contracts directed by District Court.
Disposal of business premises. 64. Manager may dispose of leases.
Manager may dispose of leases.
CHAPTER 6: JUDICIAL INQUISITION REGARDING ALLEGED
MENTALLY ILL PERSON POSSESSING PROPERTY, CUSTODY
OF HIS PERSON AND MANAGEMENT OF HIS PROPERTY

14. Cost of maintenance to be borne by Government in
certain cases.
Application to District Court for payment of cost of
maintenance out of estate of mentally ill person or from
a person legally bound to maintain him.
Persons legally bound to maintain mentally ill person
not absolved from such liability.
CHAPTER 7: LIABILITY TO MEET COST OF MAINTENANCE OF
MENTALLY ILL PERSONS DETAINED IN PSYCHIATRIC
HOSPITAL OR PSYCHIATRIC NURSING HOME

15. Mentally ill persons to be treated without violation of
human rights
No mentally ill person shall be subjected during
treatment to any indignity (whether physical or
mental) or cruelty.
No mentally ill person under treatment shall be used for
purposes of research.
CHAPTER 8: PROTECTION OF HUMAN RIGHTS OF MENTALLY
ILL PERSONS

16. Penalty for establishment or maintenance of
psychiatric hospital or psychiatric nursing home in
contravention of Chapter 3rd
Penalty for improper reception of mentally ill person
Penalty for contravention of sections 60 and 69
Offences by companies
CHAPTER 9: PENALTIES AND PROCEDURE

17. Provision as to bonds
Report by medical officer
Pension etc, of mentally ill person payable by
Government
Legal aid to mentally ill person at State expense in
certain cases
Protection of action taken in good faith.
Effect of Act on other laws
Power to remove difficulty
Repeal and saving
CHAPTER 10:MISCELLANEOUS

18. An Act to provide for mental healthcare and
services for persons with mental illness 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.
MENTAL HEALTH CARE ACT 2017

19. Chapter 1:PRELIMINARY
Chapter 2:MENTAL ILLNESS AND CAPACITY TO MAKE
MENTAL HEALTHCARE AND TREATMENT DECISIONS
Chapter 3:ADVANCE DIRECTIVE
Chapter 4 :NOMINATED REPRESENTATIVE
Chapter 5:RIGHTS OF PERSONS WITH MENTAL ILLNESS
Chapter 6:DUTIES OF APPROPRIATE GOVERNMENT
Chapter 7:CENTRAL MENTAL HEALTH AUTHORITY
Chapter 8:STATE MENTAL HEALTH AUTHORITY
Chapter 9:MENTAL HEALTH ESTABLISHMENTS
CHAPTERS MHCA 2017

20. Chapter 10 :FINANCE, ACCOUNTS AND AUDIT
Chapter 11:MENTAL HEALTH REVIEW BOARDS
Chapter 12:ADMISSION, TREATMENT AND
DISCHARGE
Chapter 13:RESPONSIBILITIES OF OTHER AGENCIES
Chapter 14:RESTRICTION TO DISCHARGE FUNCTIONS
BY PROFESSIONALS NOT COVERED BY PROFESSION
Chapter 15:OFFENCES AND PENALTIES
Chapter 16:MISCELLANEOUS

21.
This act defines “mental illness” as a substantial disorder of
thinking, mood, perception, orientation or memory that grossly
impairs judgment, behaviour, capacity to recognise reality or
ability to meet the ordinary demands of life, mental conditions
associated with the abuse of alcohol and drugs, but does not
include mental retardation which is a condition of arrested or
incomplete development of mind of a person, specially
characterised by sub normality of intelligence.
DEFINITION OF MENTAL ILLNESS AS PER MHCA 2017

22. 4. Determination of Mental Illness
5. Capacity to make mental healthcare and treatment decisions
A person with mental illness shall have the right to make an
advance directive that states how he/she wants to be treated for
the illness and who his/her nominated representative shall be. The
advance directive should be certified by a medical practitioner or
registered with the Mental Health Board.
If a mental health professional/ relative/care-giver does not wish
to follow the directive while treating the person, he can make an
application to the Mental Health Board to review/alter/cancel the
advance directive.
Chapter 3: Advance Directive
Chapter 2

23. Appointment and revocation of nominated representative
Nominated representative of minor
Revocation, alteration, etc of nominated representative by
board17.
Duties of nominated representative
Right to access mental health care
Right to community living
Right to protection from cruel , inhuman and degrading treatment
Right to equality and non discrimination
Right to information
Chapter 5: Rights
Chapter 4

24. Right to confidentiality
Right on release of information in respect of mental illness
Right to access medical records
Right to personal contacts and communication
Right to legal aid
Promotion of mental health and preventive programs
Creating awareness about mental health and illness and reducing
stigma associated with mental illness
Appropriate government to take measures as regard to human
resource development and training, etc.
Co-ordination within appropriate government.
Chapter 6: Duties of Appropriate government

25. Establishment of central authority and composition of central
authority
Members not to participate in meeting in certain cases
Functions of chief executive officer of central authority
Functions of central authority
Establishment of state authority and composition of state
authority
Member not to participate in meetings in certain cases
Officers and other employees of state authority
Chapter 8: State mental Health Authority
Chapter 7: Central Mental Health Authority

26. Grants by central government to central authority
Central Mental health authority fund
Accounts and audit of central authority
Annual report of central authority
Grants by state government
State mental health authority fund
Accounts and audit of state authority
Annual report of state authority
Chapter 9: Finance accounts and audit

27. Registration of mental health establishment
Procedure for registration inspection and enquiry of
mental health establishment
Maintenance of register of mental health establishment in
digital format.
Duty of mental health establishment to display
information.
Chapter 10: Mental Health Establishment

28. Constitution of Mental Health Review Boards.
Composition of Board.
Decisions of Authority and Board.
Application to board.
Meetings.
Central Authority to appoint expert committee to prepare
guidance document.
Powers and functions of Board.
Appeal to High Court against order of Authority
or Board.
Grants by Central Government.
Chapter 11: Mental Health Review Board

29. Chapter 12: Admission, Treatment And Discharge
Admission of person with mental illness as independent patient in
mental health establishment.
Admission of minor.
Admission and treatment of persons with
mental illness, with high support needs, mental health establishment,
beyond thirty days(supported admission beyond thirty days).
Leave of absence and Absence without leave or
discharge.
Transfer of persons with mental illness from one mental health
establishment to another mental health establishment.
Emergency treatment.
Prohibited procedure

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