Mental Healthcare Act is an important Legislative Act for people who are suffering from mental illness. It is even more important for older people and care operators especially in situations where the resident or the elder is unable to make decisions for himself or herself. The Mental Healthcare Act, 2017 (“MHCA”) is a law which provides for and regulates mental health care and treatment in India.
The MHCA came into force on 29th May, 2018 repealing the earlier Mental Health Act, 1987. It was enacted in pursuance of obligations under the United Nations Conventions on Rights of Persons with Disabilities, 2006 (“UNCRPD”) which India ratified in 2007.
The MHCA adopts a rights-based approach to mental healthcare and treatment by placing obligations on the government and mental health professionals to protect the rights of persons with mental illness.
Basic guiding principles of MHCA
- All individuals have basic human rights, including the right to equality, liberty and dignity.
- Every person must be given the autonomy to make the choices they consider the best for themselves and this extends to decisions about their mental health care and treatment.
- Everyone has the right to full participation and inclusion in society.
- No person can be discriminated against based on any grounds such as caste, class, ethnicity, sex, gender, sexual orientation, religion, disability, social, political or cultural beliefs.
- Every person has the right to receive any form of support to help them make their own decisions.
The document The Mental Healthcare Act, 2017 can be downloaded here or can be accessed below
The document Training Manual for Mental Healthcare Act, 2017 for Caregivers can be downloaded here or can be accessed below
The Mental Healthcare Act, 2017
Training Manual for Mental Healthcare Act,2017