The Mental Healthcare Act, 2017 (MHCA 2017) of India (Mental Health Law in India)

The Mental Healthcare Act, 2017 is landmark legislation in India and the first step towards ensuring a ‘Right to Access to Mental Healthcare’ law in the near future. It consists of important provisions that empower a persons with mental illness in India based on different parameters;
A). Rights of the MIP are respected; The act gives the persons with mental illness an advance directive of forming a will and nominating a relative or well-wisher to act on behalf of the patient when the patient him/herself is incapable to do so. The act also gives the MIP the right to confidentiality of medical records, right to information about illness and treatment and protection from any discrimination whatsoever.
B). Provision of various services: The act requires that the Govt. to make rehabilitation homes, sanatoriums, care homes and other group therapy associations for persons with mental illness. The govt. will also have to ensure that medical professionals are trained as per world class standards within 10 years of passing the law. Awareness programmes pertaining to medical and familial care of persons with mental illness, prevention of mental illnesses and suicide prevention methods too will have to be promoted by the govt. to ensure that the general populace is aware of the issue at hand.
However. the new act is heavily influenced by the western model of mental healthcare. It is based on a rights framework, and gives the individual total autonomy over themselves. This means that I may be suffering but refuse to get treated because the law allows me to do so.
There is no health without mental health. Recently conducted National Mental Health Survey quoted prevalence of 13.7% lifetime and 10.6% current mental morbidity. To address this mammoth problem, an aspirational law was enacted titled “Mental Healthcare Act, 2017” (MHCA 2017). The act is progressive and rights-based in nature. The preamble of MHCA 2017 promises to provide mental healthcare and services for persons with mental illness (PMI) and to protect, promote, and fulfill the rights of such persons during the delivery of mental healthcare and services. The whole dedicated Chapter 5 on “Rights of the person with mental illness” is the heart and soul of this legislation. The heart and soul of this legislation are in Chapter 5 which safeguards the patients' right to access a range of mental healthcare facilities (such as inpatient and outpatient services; rehabilitation services in the hospital, community, and home; halfway homes; sheltered accommodation; and supported accommodation). If the services are not available, PMI is entitled to compensation from the state. Right to community living, right to confidentiality, right to access medical records, right to protection from cruelty and inhumane treatment and right to equality and nondiscrimination are all ensured by the law. The act seeks to ensure that mental healthcare facilities are available to all. Those below the poverty line, whether in possession of BPL (below poverty line) card or not, the destitute, and the homeless will be entitled to free mental health treatment. The act provides the right to confidentiality and protection from cruel, inhumane, and degrading treatment, in addition to the right to live in a community and avail free legal aid. It bans electroconvulsive therapy (ECT) without anesthesia and any type of ECT to children and restricts psychosurgery. The need of the hour is a law that can be implemented in practice and can cater to the health needs at all levels of prevention (primary, secondary, and tertiary) while also protecting the rights of the family, professionals, and end-users.
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[@musthafaummar2469]

I am pursuing my pg in psychiatry...these lectures are priceless...Thank you for your efforts and enthusiasm in teaching us...Thank you Suresh sir

[@SureshBadaMath]

Hi Dr. Musthafa, happy new year All the best

[@AshutoshKumar-uz9cj]

Sir could you please explain NDPS act and the CANMAT guidelines.

[@jacobjacob5191]

Sir I need lectures on psychiatric emergency and first Aid

[@TheDrSinha]

The lecture by Pro Suresh Bada Math is highly commendable and informative for knowledge

[@SureshBadaMath]

Thank you very much for your valuable feedback

[@manovrikshabydrmonikathakur]

This is core of mental health practice but still among our professional very less people have this much clear knowledge about it .I am thankful to you sir for this priceless lecture ,I tried many material booklets everything but finally I can convey to everyone that at least one material is there which is clear ,to the point and easy to understand. Regards Monika Thakur

[@latharuds7212]

Kudos to the Doctor , wonderful presentation, thanks for enlightening viewers about the such an important ACT

[@SureshBadaMath]

Welcome

[@hadiyakar8314]

Awesome presentation, beautifully explained sir. Thankyou so much.

[@myjmfcexam1024]

Sir, I prepared for Assistant Public prosecution in Maharashtra, for tis exam your lecture very useful thanks

[@swatioberoi515]

Thanku so much sir .kindly cover all important topics in forensic Psychiatry...🙏

[@dr.aashiverma74]

Sir, i can't thank you enough for providing such important information in such simplified manner. Your efforts are not only empowering people but also increasing overall standards of Indian Education. I believe education should be free for all and your contribution towards the cause is priceless. Thankyou for making these videos sir. Please keep up the good work. I'd like to request you to make videos related to all medico-legal issues/laws/judgements/acts if possible. Thankyou again.

[@SureshBadaMath]

Thank you very much for your valuable feedback and comments. I comprehensively agree that education, health and justice should be fundamental rights I have made few videos on medicolegal issues. Please find the playlist Medico-Legal kzbin.info/aero/PLldEapv0nG30l-N04wjNmTjRPALUmcMBN

[@SureshBadaMath]

Thank you very much for your valuable feedback and comments. I comprehensively agree with you that education, health and justice should be fundamental rights I have made few videos on medicolegal issues. Please find the playlist Medico-Legal kzbin.info/aero/PLldEapv0nG30l-N04wjNmTjRPALUmcMBN

[@ishanbullet6544]

​@@SureshBadaMathHello sir please tell me my brother is suffering from depression, psychosis, and bipolar disorder. He abuses us fight physically with me and abuses mother and father spits on mom and dad, abuses everyone outside of home and neibghhood, abuses gods ,government and everybody. He refuses to take medice we dont feel safe with my brother. He is hyper active and hyper violent. We have drained by our saving in private hospital and de addiction center. He come back and after 1 week or two he does the same. How can you address this situation. Injections doesnt last on him nither the medicnes . He refuses to take medicine abd beats us. Please help sir. My parents are old and cant handle this please;(

[@infantamary3475]

Such a great explanation sir..! Can't get anywhere.. Thank you very much.. highly appreciated 🙏

[@SureshBadaMath]

Welcome

[@santhoshmadhukarnambiar7084]

Thank you sir. Great class. Inspired me to do something for my country

[@SureshBadaMath]

I am glad that you liked it and got inspired

[@khushisharma3793]

Awareness regarding mental health is essential. These lectures are amazing sir.

[@SureshBadaMath]

Thank you Sharmaji for your kind feedback

[@khushi1885]

@@SureshBadaMath I can't believe that you give your response sir. I watch your lectures regarding mental health and medico-law issues I glad to know that you are also a law graduate from Bangalore you have Sach a down to earth personality. Huge respect towards your knowledge and work. Sir it's my humble request would you please give a brief regarding the implementation of mental health act and various challenges for the same.

[@prernan6263]

sir you have made MHCA easy for understanding and remembering purpose. A big thank you . JR from MGM indore

[@SureshBadaMath]

All the best. Dr Prerna

[@storywala2978]

Thank you so much sir for managing time from your busy schedule and making this comprehensive video on Mental Healthcare Act-2017 which in very useful for the general public, social workers, doctors and psychiatrists also. Profound Regards

[@SureshBadaMath]

Welcome. Thank you for your kind words

[@gajalakshmi8844]

Thanks for your excellent brief summary on mental health care act

[@SureshBadaMath]

Welcome

[@mirunachaudhari3136]

Which are the essential drugs for psychiatry? Where can I get this list

[@pandurangac5114]

Thank you very much sir, nice and simple explanation of mental health law 2017

[@SureshBadaMath]

Welcome

[@Umargaming000]

Sir you are the best teacher Today we had live interaction with you The way you were explaining was extremely awesome 👌 Thank you sir Dr gulzar SKIMS

[@SureshBadaMath]

All the best for your future endeavors Dr Gulzar

[@Umargaming000]

@@SureshBadaMath Thank you so much sir Have a safe journey....

[@Amzu-ff5nd]

thank you so much sir for making this act very easy to understand

[@SureshBadaMath]

Welcome

[@6feet2inchesvlog44]

Great explanation sir.. Why free treatment is not given to BPL people from other state at NIMHANS?

[@SureshBadaMath]

Please check the NIMHANS act 2012 and Rules… Page 101… BPL card holders need to pay 5Rs (only five rs) per day. Please find the legislation and rules …. nimhans.ac.in/wp-content/uploads/2019/09/NIMHANS-Rules-Regulations.pdf

[@6feet2inchesvlog44]

@@SureshBadaMath Thanks for sharing sir. I had seen one patient from other state having BPL card but they were told that only Karnataka residing people are allowed BPL. I wanted to clarify that if its only restricted to Karnataka state. Thanks.

[@meghagoyal4516]

Was curious, is MHCh, 2017 has taken some aspects from Florida's baker act? Because it has some conditions covered in regards to that for ex 72 hrs thing and all

[@SureshBadaMath]

Good observation. I was not aware of Florida’s baker act. Thanks for giving me a new perspective of thinking on MHCA

[@drravindranawani8976]

Very informative.

[@TheDrSinha]

In north India first of all police will demand money for taking to hospital and family members can not afford with lots of ifs and buts . Go to Court and it is not easy to take permission/ effective order and taking to hospital the involuntary patient .

[@SureshBadaMath]

You have raised very important issues and practical concerns of family members

[@sibin123456789]

Thank you sir

[@kaverikittur6271]

Thanks a lot sir for your classes, and sir please take videos regarding the RCI act and UNCRC and UNCRPD

[@anaghaunnikrishnan176]

Good quality class, as usual👌

[@SureshBadaMath]

Thank you very much for sharing your feedback

[@arpitasahoo5510]

Very useful information.sir currently I'm working as a Clinical Psychologist in Dg prisons and correctional services. Here there are few patients who refuses to take medicines, gets aggressive and suspicious towards us if asked to take medicines.Even after trying our best they are not convinced to take medication. In this situation what can we do ?

[@madhumitha.ssubramani5139]

Sir your lectures are very informative and good, thank you so much

[@SureshBadaMath]

Welcome. All the best

[@madhumitha.ssubramani5139]

@@SureshBadaMath Thank you sir

[@TheDrSinha]

here every rules for mental patient but what about family members who are being torchured, abused, cursed, beaten and not able to take his/ her wards to mental hospital because of new mental health act.. The rules too much complicated and unpractical for country like India and very very difficult to treat involuntary patient

[@SureshBadaMath]

I comprehensively agree with you

[@saravanasundark]

Superb sir good 👍 information keep it up sir

[@SureshBadaMath]

Thank you for your valuable comment

[@khushisharma3793]

What a wonderful lecture sir. Can you please make a video regarding the implementation of the act and challenges

[@SureshBadaMath]

Thank you very much for your suggestions I will start working on it

[@appikundan]

Well explained... 👏🏻👏🏻thank u sir

[@SureshBadaMath]

Welcome

[@musafir_vaghela326]

Hello sir I'm lalita vaghela. Working in community mental health. I have a question. The family wants to treat the mentally ill person but not the patient If ready. So how do I get her to the hospital?

[@SureshBadaMath]

This is a million dollar question haunting the countries, who have implemented Rights Based Mental Health Care Legislation. Patient needs to come voluntarily (but few severely ill patients may refuse) Family need to take help of the police under Sec 100, 101 and 102 of MHCA 2017. However, the Mental Healthcare Act 2017 is written to prevent human rights violations Against patients. Family have been neglected and enabling clause for family to bring a patient for treatment is missing. Unfortunately, the current law considers family members are the human rights violators along with service providers. Ask the family to approach - police - court for help

[@shreyavyas349]

Wonderful sir. Thank you so much for sharing. I am perusing MA in clinical psychology. Could you please create one video on how to read DSM 5 ???

[@SureshBadaMath]

Shreya Vyas .... sure

[@DHARMENDRASINGH-gc3qv]

सर, कोर्ट द्वारा गार्डियनशिप सर्टिफिकेट पेंशन के लिए बैंक में Minor के लिए होता है या सभी मेंटल इल्नेस को देना होता है,,,,,,, Please reply me,,,,, 🙏🙏🙏

[@AkanshaSingh-sk5nv]

excellent sir .. thanku so much

[@SureshBadaMath]

Welcome

[@vikastambavekar8642]

Very Nice 👍 explained Sir

[@SureshBadaMath]

Thank you very much for your feedback

[@Leonvelikii511]

Excellent, Sir, but can you put this video in simple day-by-day Hindi language.

[@aakankshamalhotra1574]

thankyou so much sir...please upload a video on POSCO and NDPS act

[@SureshBadaMath]

Sure

[@mounikayavarna9989]

Sir the boss of my company and tl placed me near to AC...I explained them I have health issues I can't sit there nearer to ac ....but they forcefully placed my system there....due to that within one day i got breathing problem.....even at that time also the tl and boss not responded.....Is there any act against company related to my health harrassment

[@SureshBadaMath]

Sorry, I am not aware of any such law. Please do consider consulting an advocate

[@praveendontula6087]

There are many Deaddiction centers run by NGOs/recovered Addicts. Now, Govt is in process of registration of all these centers as MHE. These centers have visiting psychiatrist. What should be stand of visiting psychiatrists as of now, considering MHCA 2017?

[@SureshBadaMath]

Follow the minimum norms of the State regulations if they have notified If not follow the central regulations

[@praveendontula6087]

OK thank you sir

[@Luckyk1907]

Thank you so much sir

[@SureshBadaMath]

Thank you very much

[@Aza569]

Sir, u r vry helpful🙏

[@SureshBadaMath]

Thank you very much for your comment

[@susmitasarkar833]

Sir would u kindly share the PPT??

[@Mr18081964]

Thank you sir. Informative video. Could you make video on how to legally prove the person is unable to take on his own decision or to have phobia, specially when you want to challenge the Will, please sir?

[@SureshBadaMath]

Thanks for your feedback. I will be doing the video on mental illness and making Will - Testamentary capacity

[@Mr18081964]

@@SureshBadaMath Thank you sir! I am looking forward to getting watch very soon.

[@hemanginaik777]

Sir, there are many persons offering online and offline life coaching, as also conducting six months certificate course in counselling skills etc. Can you throw some light on that ? do they come under the above Act?

[@SureshBadaMath]

Mental Healthcare Act 2017 is for providing care for persons with mental illness. This act is not for providing accreditation/recognition for those degrees

[@hemanginaik777]

Ok Sir,Thankyou.@@SureshBadaMath

[@umashankar1768]

Sir ji very good presentation... ....pls share ..any law/rule for central govt employees to transfer nearest home town Location for mental illness parent care/treatment... Pls..

[@SureshBadaMath]

There was a central government notification for persons with disabilities (mental disability) to post near the treatment center or rehab center to facilitate care. I am not able to get that notification

[@vijethadaas9091]

Sir very well explained 👏 👍

[@SureshBadaMath]

Thank you very much for sharing your feedback

[@deepakmadane440]

Very good information

[@SureshBadaMath]

Thanks

[@mandeepkapoor3283]

Very nice sir

[@SureshBadaMath]

Thank you very much

[@DP-mq2ho]

How to get in touch with you Doctor?

[@HariKrishnan-cc7pr]

Can one get reservation from mental health act?(i have bipolar) How to get it ,where to apply for it?

[@SureshBadaMath]

Follow this link www.swavlambancard.gov.in

[@mahaprakashsharma5419]

Thanks sir. Sir can any investigating police officer can order regarding current mental status report of any person without taking permission of hon'ble magistrate. Sir kindly provide information.

[@SureshBadaMath]

Yes. In an investigation of a cognizable offense they can ask.

[@Leonvelikii511]

Beautifully explained Criticism

[@SureshBadaMath]

All the best

[@jaibalajirangan9404]

Can a employer force an employee to resume duties if he is sufferring from depression & anxiety and has resigned for the same reason. Does that employee gets protection under this Act.

[@SureshBadaMath]

Mental Healthcare Act 2017 - is a law 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. Job related issues are not addressed under this legislation

[@jaibalajirangan9404]

@@SureshBadaMath ok thanks. is it not infringing on the rights of a person with mental disability. thats my question

[@SureshBadaMath]

Issue raised by you is covered under Rights of persons with disability act 2016. The person needs to prove that a) he was suffering from depression and anxiety b) he was disabled & c) had benchmark disability If above things are proved, he will be entitled for protection under RPWD Act 2016

[@kanulaldas8313]

Sir, Can you please advice me how to bring a mentally ill patient into a hospital to get himself admitted for improving his mental health when usually mentally ill person doesn't understand about his mental ability and usually does not agree to attend the psychiatrist. Is there any law for accompanying the patient by any police force to admit the patient into a mental health hospital when the patient itself is violent and non cooperative. Kindly advice at your earliest. Regards.

[@SureshBadaMath]

Please check section 100, 101 and 102 of Mental Healthcare Act 2017

[@rshvin]

According to mental health 2017 please make a video how to get selected in jobs, information, opportunities for mentally ill person s in private and govt organizations sir.

[@smrutikarambelkar6900]

sir where to access the guidance documents and the list of drugs

[@SureshBadaMath]

Please download MHCA App in play store. You will get all documents regarding MHCA 2017

[@Aesthetic_leen]

Sir im a psychology student and i have a very serious question. Ehat will happen if there is a mentally retarded adult taken care financially by the parents but suddenly the parents die and no sibling is ready to take care of the adult in any circumstances. Ehst uf they they absolutely give up on mentally disabled sister. Ehat will happen in this situation by law

[@SureshBadaMath]

This issue needs to be addressed under National Trust Act 1999. Guardian can be appointed under this National Trust Act 1999 and her share of property will be taken care by the guardian appointed For more information visit thenationaltrust.gov.in/upload/uploadfiles/files/National%20Trust%20Act%20-%20Englsih.pdf

[@ishanbullet6544]

Hello sir please tell me my brother is suffering from depression, psychosis, and bipolar disorder. He abuses us fight physically with me and abuses mother and father spits on mom and dad, abuses everyone outside of home and neibghhood, abuses gods ,government and everybody. He refuses to take medice we dont feel safe with my brother. He is hyper active and hyper violent. We have drained by our saving in private hospital and de addiction center. He come back and after 1 week or two he does the same. How can you address this situation. Injections doesnt last on him nither the medicnes . He refuses to take medicine abd beats us. Please help sir. My parents are old and cant handle this please;(

[@SureshBadaMath]

I am sorry to hear about your situation. You can consider following steps 1. Please ask your parents to approach Member Secretary of District Legal Service Authority (Usually situated in District Court). 2. Try to seek help from police under sec 101 / 102 of MHCA 2017 3. Discuss with your treating psychiatrist for any other options Only judiciary can help your family in such situations.

[@ishanbullet6544]

@@SureshBadaMath i will try do the first 2 step along with my parents. 3rd step from the doctors - doctor say you have to bring him here and get hi admitted here which requires around 35K and sometimes beyound per month. Doctors say this the only option if you cant pay we cant get him admitted. But thankyou for replying sir. Thanks alot. Can i reach you out by any email id?

[@TheDrSinha]

The procedures and formalities of Mental health care has more disadvantage than advantage for mental treatment.Both Relatives and doctor would be reluctant to go for hospitalisation in India.In practical it has become too burdensome to go for mental treatment.

[@SureshBadaMath]

Sir, I agree with your thoughts

[@TheDrSinha]

Mental Health act 2017 is very ideal for advanced countries US Europe etc . In India first the poliec not going to help for admission and treatment even by showing the rules or even Magistarate order would be ignored by police authority saying it is not their job . My wife is a Pshyzophrenic patient and have not been able to get her assessment . I am running hither and thither even for asseesment for taking to hospital as she iotally refuse to take medicine or tretment . On the otherhand psychiatrist is afraid of involuntary patient because the mental patient may sue for forced treatment . The rules are too much complicated and not practical for Indian society. . It is a very difficult task for family member to get treatment .It is just useless rules for country like India . Even Doctors criticise such rules , First of all law enforcing agency is biggest hurdle for tretment as I have seen

[@TheDrSinha]

Mental health institution in India is not upto the mark for following the guidelines enshrined in recent mental act 2017.

[@SureshBadaMath]

Sir, I do agree with you

[@saravanasundark]

Sir can you post the pdf of the psychiatric book sir that is studying by mbbs it is very useful for me for preparing for the nimhans msc psychiatry nursing entrance exam. Thank you sir 🙏

[@SureshBadaMath]

There is no single book to prepare for entrance

[@saravanasundark]

@@SureshBadaMath okay sir sir can you tell what are the books I need to study for the entrance exam sir

[@saravanasundark]

Sir i am studying bsc nursing fourth year my aim is to study msc psychiatry nursing in nimhans only sir

[@SureshBadaMath]

All the best

[@saravanasundark]

@@SureshBadaMath thank you sir

[@inlove834]

I loved your video a lot! I've been trying to research for KZbin video that educates the topics in this KZbin vid! 👏 🥼Your breakdown totally reminds me of the videos of this educational medical student Dr. Ethan. Dr Ethan's tips are really knowledgable and he actually helped me on my midterms. He is an educational medical student in Nottingham and he talks about medical school. I suggest you check out his page out and give the Doctor a like here! ➡️ #DoctorEthanStudent

[@shagundhiman39]

Q

[@sarjanarai6620]

Sir plz Hindi me padha dijiye

[@uditnarayansharma5302]

हिन्दी मिडियम

[@nishabisht_makeover]

If mental pacent attack u without any reason so what can i do plsss help me

[@SureshBadaMath]

One needs to take help from the law. The constitution gives protection to everyone. Rights of Person with mental illness needs to be protected at the same time person with mental illness also need to respect others rights.

[@AkanshaSingh-sk5nv]

excellent sir .. thanku so much

[@SureshBadaMath]

Welcome

[@priyanshayadav2512]

Thank you sir

[@SureshBadaMath]

Welcome