MENTAL HEALTH CARE ACT 2017

PRESENTED BY
SAMPRITI ROY
1ST YEAR BSC. NURSING STUDENT
GOVT. CON.NRSMCH.

STUDENT, GOVT.CON.NRSMCH.
THE MENTAL HEALTH CARE ACT 2017
The Indian mental health act (MHA) was drafted by the
parliament in 1987 but it came into effect in all the states
and union territories of India in April 1993. This act
replaces the Indian lunacy act1912. This act further
revised in 2017 and received by parliament for assent of
the Indian president on 7th April, 2017 and came into
force from May 29, 2018 because mental health act, 1987
was not adequate to protect the rights of persons with
mental illness.
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 We can see that Indian lunacy act, 1912 focuses on
custodial care of persons with mental illness.
 MHA,1987 focuses on only treatment of mental
illness whereas mental health care act, 2017 focuses
on the protection, promotion and fulfilment of the
rights of mentally ill person during delivery of
mental health care and services.
DEFINITION:

The mental health care is an act to provide for mental health

care and services for persons with mental illness and to protect
, promote and fulfill the rights of such persons during delivery
of mental health care and services and for matters connected
therewith or incident thereto.
OBJECTIVES OF THE MENTAL HEALTH CARE
ACT 2017:
 Provide mental health care and services for persons with
mental illness.
 To protect, promote and fulfill the rights of such persons
during delivery of mental healthcare and services .
SALIENT FEATURE OF THE ACT: 
 The act is divided into 16 chapters and 126 sections or
clauses.
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CHAPTER III:
It deals with the advance directives.
 Every person who is not a minor , shall have a right to
make an advance directive in writing, specifying any or all
of the following namely—
a. The way the person wishes to be cared for and treated for a
mental illness,
b. The way the person wishes not to be cared for,
c. Can appoint NR (Nominated Representative)
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 Itempowers the patient to choose his/her treatment and appoint a
representative to take decision on behalf of patient.
 If the minor, his/her parent or care giver will act as representative.
 It will not be applicable at the time of emergency.
 Itis the duty of every psychiatrist to plan treatment , keeping
advance directive in mind.
 Ifany one from psychiatrist or care are unsatisfied can approach to
the concerned board.
CHAPTER IV: NOMINATED REPRESENTATIVE:
Guide lines of choosing nominated representative.
 Every adult shall have a right to appoint a nominated
representative. Nominated representative the patient can
choose either a friends, family member or any person whom
he likes. NR should the accept the responsibility under the
legislation.NR shall be an adult and gives consent to execute
the responsibilities under this act. And it should be
registered under the mental health review board.
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If no NR is appointed or not available or refuse to do their

duty then following people can be appointed ( order of
precedence)----
1. Relatives
2. Care giver
3. Suitable person appointed by the MHRB
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CHAPTER VII: CENTRAL MENTAL HEALTH AUTHORITY ( section
33-44)

Gives provisions of forming Central Mental Health

authority.
Central mental health (CMH) authority comprises 20
members with 3-year term and maximum age of 70 years
and have to meet every 6 months and may be joined by
tele-video conference.
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MEMBERS OF THE AUTHORITY:

CMH Authority comprises of secretary, joint secretaries of

department of Health and Family Welfare, director general of
health services, director of central institutes, mental health
professional with 15 years experience, psychiatric social
worker, clinical psychologist, MHN, two members of PMI,
caregivers, persons of nongovernmental organization (NGO),
and persons relevant to mental health.
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FUNCTION OF AUTHORITY:
 Register all Mental health establishment
 Develop quality and service provision norms for different types of
MHE under the central government.
 Supervise all MHE and receive complaints about deficiencies in
provision of services.
 Maintain a national register of clinical psychologist, mental health
nurses, psychiatric social workers.
 Train all persons
 Advise the Central Government.
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CHAPTER IX (Section 57-64)
It deals with finance, accounts and audit:
 Grants by central government to central authority.
 Central mental health authority fund
 Accounts and audit of central authority
 Annual report of central authority
 Grants by state government
 State mental health authority fund.
 Accounts and audit of state authority
CHAPTER X ( Section 65-72):
It deals with mental health establishment .
Mental health establishments nothing but mental hospital.
Basically the definition of mental health establishment is
anything, any structure which apart from residential place
with family of the person with mental illness will be considered
as mental health establishment where person will stay over
night.
Registered , two type of registration.
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