Mental Health Act, 1987

Emblem of India

The Mental Health Act, 1987 is an Act of Parliament enacted by the Government of India to regulate the treatment and care of individuals with mental illness in India. The Act was introduced to provide a legal framework for the establishment of mental health authorities, the admission and treatment of mentally ill persons, and the protection of their rights.

Provisions of the Act

The Mental Health Act, 1987 includes several key provisions:

Establishment of Mental Health Authorities

The Act mandates the creation of Central and State Mental Health Authorities to oversee the implementation of the Act. These authorities are responsible for the regulation of mental health services and the registration of mental health institutions.

Admission and Treatment

The Act outlines the procedures for the voluntary and involuntary admission of individuals to mental health institutions. It specifies the rights of patients, including the right to receive humane treatment and the right to be informed about their treatment.

Protection of Rights

The Act includes provisions to protect the rights of individuals with mental illness. It prohibits the use of cruel, inhuman, or degrading treatment and ensures that patients have the right to privacy and confidentiality.

Licensing and Regulation

The Act requires the licensing and regulation of mental health institutions. It sets standards for the establishment and maintenance of these institutions to ensure the quality of care provided to patients.

Guardianship

The Act provides for the appointment of guardians for individuals with mental illness who are unable to manage their own affairs. The District Court is empowered to appoint a guardian based on the recommendations of the mental health authority.

Amendments and Repeal

The Mental Health Act, 1987 was repealed and replaced by the Mental Healthcare Act, 2017, which introduced more comprehensive provisions for the treatment and care of individuals with mental illness and aligned Indian law with international standards.

See Also

• Mental Healthcare Act, 2017
• Mental health in India
• Mental illness
• Human rights
• Healthcare in India