History and evolution of mental healthcare act, 2017

The history of the mental health care act, 2017 can be dated back to 1912 when the Indian
lunacy act, of 1912 was brought into the picture during the British era when they considered
mentally ill patients dangerous to society. At the time of the introduction of this act, it was
criticized for its disregard for the human rights of people by the Indian psychiatric community.
It took nearly another 75 years after the Indian lunacy act to bring in some much-needed
changes in the legislation in the year 1987 by introducing the mental health care act which
finally came into existence in 1993. The mental health care act,1987 was not adequate even
though it tried to address some issues which were neglected in the Indian lunacy act, of 1912.
In 2006 UN adopted the convention on the rights of persons with disabilities which India signed
and ratified on the 1st day of October 2007. Now it became necessary to harmonize the existing
laws in concurrence with the convention and thus came into force mental health care act, 2017
with more emphasis on humane treatment by abolishing barbarous practices like electro-
convulsive therapy and the act also brought about the decriminalization of suicide provided in
section 115 of MHCA,2017.

Delegated legislation - dk what title to give

There are chances that the mental health care act, 2017 could be exploited if it is not known
who and what all powers are delegated when it comes to mental health care. Now with the new
legislation, the policies are better reviewed with the help of a central authority instituted by the
central government of India. Section 111 of the mental health care act, 2017 talks about the
central government's power to issue directions, and the central authority is bound to follow it
and the authority is given the power to put in their opinions on policies given those views are
related to the technical matters of the policy. The final decision on whether the question is on
policy or not is determined by the central government.
Section 112 of MHCA, 2017 deals with the superseding power of central government over
central authority upon publication of respective notification in certain circumstances wherein it is
beyond the scope of central authority to take a decision or in the case where the central
authority neglects the central governments' direction or in the place of public interest. Likewise
section 113 of MHCA, 2017 deals with the power of state government to supersede state
authority upon the publication of the relevant notification.
Section 121 of MHCA, 2017 deals with various provisions in which the central government can
make rules upon publication of notification and the state government can also make rules upon
publication of notification with the the pre-approval of the central government.