This document summarizes key aspects of the Mental Health Care Act of 2017 in India. It repealed the previous Mental Health Act of 1987. Some key points: - It defines mental illness and excludes conditions like intellectual disabilities. - It outlines the process for determining mental illness and ensures it is not based on social or cultural factors. - It recognizes post-graduate Ayush practitioners as mental health professionals. - It establishes rights for mentally ill people like community living, protections from abuse, access to information about treatment, and legal aid. - It tasks appropriate government authorities to promote mental health programs, create awareness to reduce stigma, and establish central and state mental health authorities. - It

1. Dr Ashutosh B. Potdar
M.D. (Forensic Medicine), PGDMLS
MENTAL HEALTH CARE ACT 2017

2. MENTAL HEALTH CARE ACT 2017
• Repeals the earlier Mental Health Act 1987
• Divided into 16 chapters

3. MENTAL ILLNESS
• A substantial disorder of thinking, mood, perception,
orientation or memory that
Chapter I of MHA 2017

4. MENTAL ILLNESS
• Grossly impairs judgment, behaviour, capacity to
recognise reality or ability to meet the ordinary
demands of life,
Chapter I of MHA 2017

5. MENTAL ILLNESS
• Mental conditions associated with the abuse of
alcohol and drugs, but
Chapter I of MHA 2017

6. MENTAL ILLNESS
• 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.
Chapter I of MHA 2017

7. DETERMINATION OF MENTAL ILLNESS
• Same style as nationwide or overseas held medical
criteria
Chapter II of MHA 2017

8. DETERMINATION OF MENTAL ILLNESS
• Cannot be decided by a person’s political, economic
or social status, association in cultural society, racial
or religious group, or
Chapter II of MHA 2017

9. MENTAL HEALTH PROFESSIONALS
• Post-graduate Ayush doctors as Mental Health
Professionals
Chapter I of MHA 2017

10. ADVANCE DIRECTIVES
• Instruction/s in writing made by a person not being minor
• The way the person wishes to be cared for and treated
for a mental illness
• Manner of making Advance Directives & maintaining it &
its power, review and liability
• Revocation, amendment or cancellation
Chapter III of MHA 2017

11. RIGHTS OF MENTALLY ILL PERSON
• Access to mental health care
• Community living - not be segregated from society
Chapter V of MHA 2017

12. RIGHTS OF MENTALLY ILL PERSON
• Protection from cruel, inhuman
and degrading treatment
• Equality and non-discrimination
Chapter V of MHA 2017

13. RIGHTS OF MENTALLY ILL PERSON
• Access to Information of illness & treatment
• Restriction on the release of information in respect of
Right to access medical records
Chapter V of MHA 2017

14. RIGHTS OF MENTALLY ILL PERSON
• Confidentiality
• Personal contacts and communication - refuse or
receive visitors and to refuse or receive and make
telephone or mobile phone calls
Chapter V of MHA 2017

15. RIGHTS OF MENTALLY ILL PERSON
• Access to Legal aid
• Make complaints about deficiencies in provision of
services
Chapter V of MHA 2017

16. DUTIES OF APPROPRIATE GOVERNMENT
• Promotion of mental health and preventive
programmes
Chapter VI, VII, VIII of MHA 2017

17. DUTIES OF APPROPRIATE GOVERNMENT
• Creating awareness about mental health and illness
and reducing stigma associated with mental illness
• Establishment, Composition, Duties of Central &
State Mental Health Authority
Chapter VI, VII, VIII of MHA 2017

18. DECRIMINALIZING S. 309 IPC
• S. 309 IPC:
Whoever attempts to commit suicide and does
any act towards the commission of such offence, shall
be punished with simple imprisonment for a term which
may extend to one year or with fine, or with both

19. DECRIMINALIZING S. 309 IPC
Whoever attempts to commit suicide
• Presumed to have severe stress
• Shall not be tried and punished
• Care, treatment & rehabilitation by Government
• Reduce risk of recurrence
Chapter XII of MHA 2017

20. RESTRICTED USAGE OF ECT
• Electroconvulsive therapy
• Emergency
• Not without use of muscle relaxants and anaesthetics
• Prohibited in minors
Chapter XII of MHA 2017

21. Thank you