ANALYSIS OF THE MENTAL HEALTHCARE ACT, 2017, AND ITS CONSTITUTIONAL STATUS
- MANIMARAN SARAVANAN
- Dec 26, 2025
- 7 min read
Updated: Dec 28, 2025
INTRODUCTION
The core concept behind the Mental Healthcare Act, 2017, shifts the perspective from mental illness as just a condition of a patient who needs medical treatment to an individual who possesses dignity, autonomy, and constitutional rights. The core principles which can be highlighted are as follows - Right to Medical care (u/s 18), Right to Dignity and Autonomy, Decriminalization on attempt to suicide (u/s 115), Equality & Non-Discrimination, integrated with Article 21 of the Constitution (Right to life and personal liberty) and it also aligns with the international conventions such as UN Convention on the Rights of Persons with Disabilities (UNCRPD) set by the United Nations General Assembly. This act completely shifted the nature of care from custodial care to rights-based care.
The journey of every Act starts with a Bill. The Mental Healthcare Bill, 2016, was introduced in the Rajya Sabha on 19th August 2013. It took a year to refer it to the Parliamentary Standing Committee on Health and Family Welfare, which later gave its report. It was later passed by the Rajya Sabha and the Lok Sabha on 8th August 2016 & 27th March 2017, respectively. It became an Act after receiving the assent from the President on 7th April 2017. It came into force on 7th July 2018.
EVOLUTION OF MENTAL HEALTH LAWS IN INDIA
Before the Mental Healthcare Act, 2017, there were Acts that the British introduced for control over,
Public order - to prevent mentally ill patients from wandering in society, as they were considered a threat.
Managing their property- This was to ensure that the property of such individuals is maintained properly and there is no mismanagement.
Few of the Pre- Independent Mental Health laws were The Lunacy (Supreme Courts) Act, 1858, The Lunacy (Districts Courts) Act, 1858, The Indian Lunatic Asylums Act, 1858, The Military Lunatics Act, 1877, The Indian Lunatic Asylums (Amendment) Act, 1886, The Indian Lunatic Asylums (Amendment) Act, 1889, Chapter XXXIV of the Code of Criminal Procedure, 1898 and Section 30 of the Prisoners' Act, 1900.
Later came the Indian Lunacy Act, 1912. The reason for introducing this law was to consolidate or merge the existing fragmented laws mentioned above into a single Act to make them more codified and uniform. The Indian Lunacy Act, 1912, laid emphasis on legal considerations rather than medical treatments. According to this Act, admission of an individual into a mental hospital requires a reception order from the person who has judicial power. This was more like admission to a jail. This act considered them incurable and confined them indefinitely. These were some of the criticisms that led to the introduction of the Mental Health Act 1987.
The Mental Health Act, 1987, had its own drawbacks, which led to the shift towards the Mental Healthcare Act, 2017. The Mental Health Act, 1987, was more of a custodial approach and closely resembled the British Mental Health laws. It did not give rights to the mentally ill patients that a normal citizen of this country was bestowed with. These rights include the right to dignity, privacy, autonomy, the right against inhuman or degrading treatment, and the right to participate in treatment decisions. Crucially, this Act failed to consider a patient's consent and ignored the capacity to make decisions.
The subsequent Mental Healthcare Act of 2017 clearly states the rights of the person with mental illness in Chapter V. The rights bestowed by this Act to the person with mental illness are
Right to access mental healthcare u/s 18
Right to community living u/s 19
Right to protection from cruel, inhuman, and degrading treatment u/s 20
Right to equality and non-discrimination u/s 21
Right to information u/s 22
Right to confidentiality u/s 23
Restriction on release of information in respect of mental illness u/s 24
Right to access to medical records u/s 25
Right to personal contacts and communication u/s 26
Right to legal aid u/s 27
Right to make complaints about deficiencies in provisions of services u/s Section 28.
This clearly recognises an individual with mental illness as a right-bearing person, which is unlikely in previous provisions or laws. This shifts the law from a custodial approach to a rights-based approach.
Chapter II of the Mental Healthcare Act, 2017, speaks about the determination of mental illness (u/s 3) and the capacity to make mental healthcare and treatment decisions (u/s 4). In the 1987 Act, the admission often involved forced admission, but in the 2017 Act, the advance directive in Chapter III, mental health professionals must ask for a patient's consent and consider capacity. Involuntary admission is allowed only under strict safeguards, reviewable by Mental Health Review Boards. Mental Health Review Boards, an independent quasi-judicial body to review admissions, protect rights, and reduce court burden, have also been created. The 1987 Act did not address Section 309 IPC (attempt to suicide). The 2017 Act presumes that a person attempting suicide is under severe stress and mandates care, not punishment. This was a historic step toward decriminalisation.
SALIENT FEATURES OF THE MENTAL HEALTHCARE ACT, 2017
As stated above, nearly 11 rights are stated in Chapter V of the Act. Along with that, this act recognises mental healthcare as a right under section 18. According to this act,
Every person has the right to access mental healthcare and treatment from mental health services funded by the appropriate government.
Also specifies that there must be no biases, discrimination, and provide these services at an affordable cost, good quality, sufficient quality, etc.
The services also include acute mental healthcare, such as inpatient & out patients, halfway homes, sheltered accommodation, mental health services to support the patient's family members, hospital- and community-based rehabilitation, etc.
Guarantees free mental healthcare services to patients who are below the poverty line, destitute, or homeless.
Section 18(11) deals with budgetary allocation, which reads,
"The appropriate Government shall take measures to ensure that necessary budgetary provisions in terms of adequacy, priority, progress, and equity are made for effective implementation of the provisions of this section.
Explanation.—For sub-section (11), the expressions—
(i) "adequacy" means in terms of how much is enough to offset inflation;
(ii) "priority" means in terms of compared to other budget heads;
(iii) "equity" means, in terms of fair allocation of resources, taking into account the health, social, and economic burden of mental illness on individuals, their families, and caregivers;
(iv) "progress" means in terms of indicating an improvement in the State's response."
The explanation for priority further creates a problem by superseding other budget allocations over the implementation of the act and reducing this provision to a mere formality on paper.
Advance directives and nominated representatives are mentioned in Chapter III & Chapter IV. Chapter III deals with advance directive, manner of making advance directive, maintenance of online register, revocation, amendment or cancellation of advance directive, duty of fellow advance directive, liability of medical health professionals in relation to advance directive, etc.
Section 5 of the Mental Healthcare Act, 2017, provides for what and by whom the advance directive can be made. Every person who is not a minor has the right to make an advance directive for following in writing,
The way the person wishes to be cared for or treated, and does not want to be cared for or treated.
He can nominate an individual or individuals as a nominal representative in order of precedence as per section 14 of the Mental Healthcare Act, 2017.
Section 5(2) further gives an assurance that the person, even though he has a history of mental illness or treatment for the same,/can also invoke an advance directive under section 5.
If there is any advance directive against the law in force, then it is ab initio void.
These are legally binding on doctors and institutions, subject to review by the Mental Health Review Board. Provisions regarding admission, treatment, and discharge are dealt with in Chapter XII. Independent admissions are dealt with under sections 86 to 90. An adult with capacity can make their own admission in mental healthcare establishments on their own request. But for minors, parents' consent is required. Such admission can be withdrawn at any time. For children, such withdrawal requires safeguards. If the person does not have the capacity, then the nominated representative can make the admission. Supported admissions are time-limited initially up to 30 days but extendable up to 90 days with periodic review, and it is always subject to Mental Health Review Board oversight. Emergency treatment is dealt under section 94, where it states that in emergencies, treatment can be provided to prevent death or irreversible harm, serious injury to self or others. Lasts only up to 72 hours without Board approval. It decriminalised suicide (u/s 115), which signifies that it recognises the need for care of the individuals who are attempting suicide due to stress and mental illness.
CONSTITUTIONAL UNDERPINNINGS OF THE ACT
This Act moves forward Article 21 by extending the right to include medical healthcare, guaranteeing dignity, privacy, and humane treatment of persons with mental illness (Sec. 20), prohibiting cruel practices like chaining, solitary confinement, and inhuman treatment (Sec. 95–97), and also, by decriminalising suicide, it recognises dignity in distress situations. Before this Act, mentally ill individuals were not considered to be right-bearing persons. This Act upheld Article 14 of the Indian Constitution (equality before law) by giving them rights and treating them with dignity just like others. Prohibiting discrimination in healthcare access on grounds of gender, caste, religion, culture, social or political beliefs, or economic status, and also ensuring homeless and destitute persons receive free treatment further upholds Article 14. Mental Healthcare Act prohibits arbitrary detention and protects autonomy & right to community living, which aligns with Article 19 right to freedom with reasonable restriction. It also aligns with the Directive Principles of State Policy under Article 39(e), 41 & 47. According to Article 47, the State has the duty to improve public health. By making mental health services a state obligation, it upheld the Directive Principles of State Policy.
CONCLUSION
The Mental Healthcare Act completely shifts the focus of mental health law from a custodial approach to a rights-based approach. It grants dignity, autonomy, and equality to mentally ill individuals who, at first, were not considered to be rights-bearing individuals by mental health laws. Balancing constitutional rights with effective implementation. The Mental Healthcare Act is a progressive law whose real test lies within its effective implementation. Adequate budgetary allocation, awareness, trained mental health professionals, and infrastructure are essential to make the promise given by this act a reality.
REFERENCES
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MENTAL HEALTHCARE ACT 2017: ANALYSE THROUGH THE LENS OF EFFECTIVE IMPLEMENTATION Hani Dipti & Kaustubh Kumar.
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https://nhrc.nic.in/sites/default/files/MENTAL%20HEALTH%20BOOK%20%2823-6-2023%29_02_0.pdf
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