June 3,2018:

Union Ministry for Health and Family Welfare has notified new Mental Healthcare Act 2017, a year after it was passed.

Mental Healthcare Act 2017 decriminalises a suicide attempt by someone, looking at it as a manifestation of person’s mental illness, and recommends treatment of the patient.

It states that,“Every person with mental illness shall have a right to live with dignity…,” as it tries to bring the mentally ill at par with the physically ill in terms of provision of healthcare services.

It seeks to fulfill India’s obligation to harmonise its laws with Convention on Rights of Persons with Disabilities and its Optional Protocol, ensuring the right of mentally ill to be a part of and not be segregated from the society.

Here is a list of 10 Things that Mental Healthcare Act 2017, aims to transform the mental healthcare regime in India:

  1. Attempting suicide is now no longer a crime in India, as the new Act says any person who attempts to commit suicide “shall be presumed, unless proved otherwise, to have severe stress”, and won’t be tried and punished under the existing Section 309 of the Indian Penal Code.
  2. There will be no more electric shocks for mentally ill children.
  3. The Act also bans electric shocks for adults with mental illness without the use of muscle relaxants and anaesthesia.
  4. The government will be duty bound to provide care, treatment and rehabilitation to the person who attempts suicide, so that he or she doesn’t make such an attempt in future.
  5. The Mental Healthcare Act 2017 replaces the Mental Health Act 1987.
  6. It prohibits tying mentally ill persons with chains.
  7. Sterilisation of men and women as a treatment for mental illness is prohibited too.
  8. Treatment and rehabilitation cost for persons with mental illness living below the poverty line, even without the possession of a BPL card, or those who are homeless would be free of any charge at all mental health establishments run or funded by the government.
  9. Act says there shall be no discrimination on the basis of gender, sexual orientation, religion, culture, caste, social or political beliefs, class or disability. Anyone with mental illness will not continue to remain in a mental health establishment merely because the person does not have a family or a home, or not accepted by family.
  10. The Act also outlines the responsibilities of other agencies such as the police with respect to people with mental illness.

Notification has been widely welcomed, with expectation that it will increase conversation about mental healthcare and help remove the stigma associated with mental illness.

Source The Statesman

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