The Indian Mental Healthcare Act 2017 makes every effort to cure years of wrongdoing contrary

to those who have a mental illness challenged and also overturns, in the process, the archaic
Section 309 of the Indian Penal Code (which criminalizes attempted suicide).  The Act, which
received President of India’s Assent on 7th April 2017, has been enacted to protect, promote and
fulfill rights of persons with mental illness related to mental healthcare and services and matters
connected therewith or incidental thereto. Some of the provisions of the Act have been
summarized below:

Rights of Persons with Mental illness

A person shall have the right to make an advance directive stating how to be treated and how
not to be treated for the illness during a mental health situation.

A person shall have the right to appoint a nominated representative to take on his/her behalf,
all health related decisions.

A person shall have the right to access to mental health care, treatment and services run or
funded by the Government. Free treatment for BPL citizens. Every individual receives same
quality of treatment. Free of cost medicines to all patients.

Every PMI shall be protected from cruel, inhuman or degrading treatment in any mental
health establishment.

Every PMI admitted in an MHE shall have a right to safe and hygienic living environment,
clothing that prevents exposure, facilities for leisure, recreation, education, religious practices
and privacy.

Right to refuse work and get paid for the work done and protection from any kind of abuse.

Prohibited Procedures/ Practices and Restrictions

No PMI in an MHE shall be subjected to tonsuring or forced to wear uniform or be discriminated

on any grounds.

ECT shall not be performed without the use of muscle relaxants and anesthesia or without an
informed consent.

No sterilization of men or women and no psychosurgery without the approval from the board.

Insurance cover for mental illness

Every insurer shall make provision for treatment of mental illness at par with provisions made
for physical illness.
Any Registered Medical Practitioner can initiate emergency treatment to any person with
mental illness if there is threat to self, others, objects or property.

Officer I/C of a police station shall take under protection any person found wandering at large
within the limits of the police station, if he/she appears to be with mental illness and is incapable
of taking care of him/her.

A person who attempts to commit suicide will be presumed to be “suffering from severe stress’’
and shall not be and shall not be subjected to any investigation or prosecution.