The Mental Healthcare Act 2017 was passed on 7 April 2017 (came into force from 29 May 2018) is an to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

This Act superseded Mental Health Act, 1987 that was passed on 22 May 1987. The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code. 

It states that mental illness be determined "in accordance with nationally and internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organization) as may be notified by the Central Government." Additionally, the Act asserts that no person or authority shall classify an individual as a person with mental illness unless in directly in relation with treatment of the illness.

Provisions under the Mental Healthcare Bill

• Rights of persons with mental illness: This provision states that every person will have the right to access mental healthcare from services which are operated or funded by the government. It also includes good quality, easy and affordable access to services. It also provides for the right to equality of treatment, seeks to protect such persons from inhuman treatment, access to free legal services, their medical records, and the right to complain in the event of regarding deficiencies in provisions.

• Advance Directive: This provision empowers a mentally-ill person to have the right to make an advance directive that explains how she/he wants to be treated for the requisite illness and who her/his nominated representative shall be. This directive has to be vetted by a medical practitioner.

• Mental Health Establishments: This provision states that every mental health establishment has to be registered with the respective Central or State Mental Health Authority. For registration, the concerned establishment needs to fulfill different criteria as mentioned in the Bill.

• The bill also outlines the procedure and process for admission, treatment and subsequent discharge of mentally ill persons.

• Mental Health Review Commission and Board: This is a quasi-judicial body responsible for reviewing procedure for making advance directives. It will also advise the government on the protection of mentally ill persons’ rights. It further states that the body in agreement with the state governments constitute Mental Health Review Boards in states’ districts.

• Decriminalizing suicide and prohibiting electro-convulsive therapy: The most notable of all is this provision effectively decriminalizes suicide attempt under the Indian Penal Code by mentally ill persons by making it non-punishable. Electro-convulsive therapy, which is allowed only with the use of anesthesia, is however out of bounds for minors.