In India, Mental Health Care Act, 2017 was passed on 7 April, 2017 which came into force from 7 July, 2018. The law described in its opening paragraph as:
“An act to provide mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such people during the delivery of mental healthcare and services and for matters connected there with or incidental there to.”
This act superseded the previously existing Mental Health Act, 1987 that was passed on 22 May, 1987. The aim of the bill is to provide for mental healthcare & services and ensure the right to live a life with dignity. To align country's law with United Nations Convention on the Rights of people with disabilities which we ratified in 2017.
According to the act, substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgement, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life and mental conditions associated with the abuse of alcohol and drugs. But it does not include mental retardation.
Rights to people with Mental illness, given by this act:
Right to access mental health care treatment from mental health services.
Free treatment to homeless and below poverty line people.
Assures Right to live with dignity and prohibits degrading treatment and discrimination on any basis like sex, gender, sexual orientation, religion, culture, caste, creed etc.
Ensures Right to confidentiality in respect of mental health, treatment and physical healthcare.
Right to community living which means if the person is not accepted by his family or is homeless, the photograph or ant other information pertaining to him can not be released to media without his consent of person with mental illness.
Right to access mental records.
Right to make complaints about deficiencies in provision of services.
Right to legal aid.
Mental Health Authority, Central Mental Health Authority and a State Mental Health Authority in every state to be set up. They will register, supervise and maintain register of everything. A Mental Health Review Board of people with mental illness and manage advance directives.
Suicide is no more a crime:
A person who attempts suicide shall be presumed to be suffering from severe stress and will not be punished under the section 309 of IPC(Indian Penal Court). The government shall have a duty to provide care treatment and rehabilitation to a person who attempts suicide.