The Mental Healthcare Act, 2017 – Preamble and Definition Clause – An Overview

The Parliament of India in the year 2017 enacted the Mental Healthcare Act, 2017. The instant post shall deal with the Preamble and the Definition Clause of the said Act. In the upcoming posts, we shall deal with the other portions of the Act. Earlier, the law relating to mental health was governed by the Mental Health Act, 1987. However, the Mental Healthcare Act of 2017 has repealed the Mental Health Act, 1987.

Preamble

The Mental Healthcare Act, 2017 (hereinafter to be referred to as “the Act”) received the Presidential Assent on 07.04.2017. According to the Preamble, the Act has been enacted so as to comply with the obligations of India under the Convention on Rights of Persons with Disabilities, 2006. The other major purpose of the Act is: -

“To provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.”

Definition Clause (Section 2)

Following are the important definitions: -

1.     Section 2 (e) – “care-giver” means a person who resides with a person with mental illness and is responsible for providing care to that person and includes a relative or any other person who performs this function, either free or with remuneration.

2.     Section 2 (i) – “informed consent” means consent given for a specific intervention, without any force, undue influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate information including risks and benefits of, and alternatives to, the specific intervention in a language and manner understood by the person.

3.   Section 2 (j) – “least restrictive alternative” or “least restrictive environment” or “less restrictive option” means offering an option for treatment or a setting for treatment which—

(i) meets the person's treatment needs; and

(ii) imposes the least restriction on the person's rights.

4.    Section 2 (o) – “Mental healthcare” includes analysis and diagnosis of a person's mental condition and treatment as well as care and rehabilitation of such person for his mental illness or suspected mental illness.

5.     Section 2 (s) – “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by sub normality of intelligence.

6.    Section 2 (za) – “relative” means any person related to the person with mental illness by blood, marriage or adoption;

Apart from the above, various other terms have been defined. It is pertinent to note that “mental health establishment” has been defined under Section 2 (p) of the Act and the definition includes health establishments involving Ayurvedic, Yoga and Naturopathy, Unani, Siddha and Homeopathic Sciences. The said definition makes it clear that any place, whether public or private, where persons with mental illness are kept for care, shall fall within the definition of “mental health establishment”. However, the said definition specifically excludes a family residential place where a mentally ill person resides with his relatives or friends.

Similarly, under Section 2 (r), “mental health professional” means a psychiatrist, Allopathic practitioners, Ayurvedic practitioners, Homeopathic practitioners, Unani practitioners and Siddha practitioner, who specialize in the field of Mental Illness and Psychiatry.

In the next post, we shall deal with Chapter II of the Mental Healthcare Act, 2017 which deals with determination of mental illness and the capacity of mentally-ill persons to make Mental Health and Treatment Decisions.