Mental healthcare act, 2017: a critical analysis on the protection of rights of the people with mental illness

Abstract

It's important to acknowledge that individuals, groups, and agencies often violate the human rights of individuals living with mental illness. However, it is crucial to recognize that these rights apply to all human beings, regardless of their race, sex, nationality, ethnicity, language, or religion. Human rights include the right to life and liberty, freedom from slavery, discrimination, and torture, freedom of speech and expression, as well as the right to work and education, among others. The Mental Health Care Act (MHCA) of 2017 has replaced the Mental Health Act (MHA) of 1987 in India to protect the rights and well-being of people with mental illness. The old Act was not su cient in protecting the rights of the mentally ill, even though it served its purpose when it was created. As time passed and the focus shifted to the rights of the mentally ill, the 1987 Act fell short. The new Act aims to make mental healthcare services more humane and aligned with human rights standards, incorporating some novel ideas not present in its predecessor. However, only time will tell how e ective these new ideas, concepts, and clauses will be in the Indian context. In this article, we will explore how the Mental Healthcare Act of 2017 safeguards the human rights of mentally ill people in India.