The Mental Healthcare Act, 2017: A Ray of Hope

Abstract

“Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease.”-WHO (Constitution of the World Health Organization, 2005.) Similar, mandate was given under Article 12 the International Covenant on Economics, Social and Cultural Rights, 1966 (UN General Assembly,1966) directing State Parties to take steps to achieve full realisation of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health medical service and medical attention in the event of sickness. Both the abovementioned international instruments suggest sound mental health as a condition for a healthy body. Even Indian Courts recognise Right to life guaranteed under Article 21 of the Constitution of India which encompasses in itself right to health (1997, 1984, 2001). However, the courts do not specify whether the right to health includes right to healthy mental state or it restricts itself to right to the healthy physical body. Nonetheless, Indian Parliament has expressed its intentions to align with International commitments to assure its citizens medical attention in the event of mental sickness by enacting The Mental Healthcare Act in the year 2017. This Act repealed the already existing Mental Healthcare Act, 1987 which was criticized for not recognizing the rights of a mentally ill person. The current article focuses the definition of “mental illness” and “rights of person with mental illness” guaranteed under the 2017 Act. The objective of the article is to analyse the viability of application of these provisions in India. And to find out whether social-economic and cultural factors have been considered while framing the rights for person with mental illness. The research methodology used is doctrinal as the sources used for research are fundamental legal principles, statutes, judgments and data collected in surveys conducted by institutes like NIMHANS India. The author observes that the implementation of Mental Healthcare Act of 2017 is a ray of hope which requires infrastructure in Indian Health system for implementation.