List of Laws on Mental Health by the Government of India

The Government of India has implemented several laws and policies to address mental
health issues, protect the rights of individuals with mental health conditions, and ensure
accessible and quality mental health care. Here are the key laws and policies related to
mental health in India:

1. Mental Healthcare Act, 2017
Overview: The Mental Healthcare Act, 2017, is a comprehensive law aimed at protecting
the rights of individuals with mental illness and ensuring they receive proper care and
treatment.

Key Provisions:
● Rights of Persons with Mental Illness: Ensures the right to access mental
healthcare services, live in the community, and protection from cruel, inhuman,
and degrading treatment.
● Advance Directives: Allows individuals to specify their treatment preferences in
advance.
● Mental Health Review Boards: Establishes review boards to oversee the
implementation of the Act and address grievances.
● Decriminalization of Suicide: Decriminalizes attempted suicide, recognizing it
as a mental health issue requiring treatment.

2. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
Overview: This Act provides equal opportunities and protection of rights for persons with
disabilities, including those with mental illness.

Key Provisions:
● Non-discrimination: Ensures non-discrimination in education, employment, and
access to public services.
● Rehabilitation: Provides for the rehabilitation and integration of persons with
disabilities into society.

3. Rights of Persons with Disabilities Act, 2016
Overview: This Act replaces the 1995 Act and aligns with the United Nations Convention
on the Rights of Persons with Disabilities.

Key Provisions:
● Inclusion of Mental Illness: Recognizes mental illness as a disability and
ensures equal rights and opportunities.
● Reservation: Mandates reservations in education and employment for persons
with disabilities, including mental illness.
● Accessibility: Ensures access to public buildings, transportation, and
information for persons with disabilities.

4. National Trust Act, 1999
Overview: The National Trust Act focuses on the welfare of persons with autism,
cerebral palsy, mental retardation, and multiple disabilities.

Key Provisions:
● Guardianship: Provides for the appointment of guardians for persons with
disabilities who cannot make decisions on their own.
● Programs and Schemes: Establishes various programs and schemes for the
welfare and rehabilitation of persons with disabilities.

5. Juvenile Justice (Care and Protection of Children) Act, 2015
Overview: This Act deals with the care and protection of children, including those with
mental health issues.

Key Provisions:
● Care and Protection: Ensures the care and protection of children in need,
including those with mental health problems.
● Rehabilitation and Social Integration: Provides for the rehabilitation and social
integration of children with mental health issues through various programs and
services.

6. Indian Lunacy Act, 1912 (Repealed)
Overview: The Indian Lunacy Act was an earlier law that governed the treatment and
care of persons with mental illness. It has been repealed and replaced by more
progressive legislation.

Key Provisions:
● Asylums and Mental Hospitals: Provided for the establishment and regulation
of asylums and mental hospitals.
● Custody and Treatment: Governed the custody and treatment of persons with
mental illness.

Conclusion
India has made significant strides in mental health legislation, aiming to protect the
rights of individuals with mental health conditions and ensure they receive the
necessary care and support. The Mental Healthcare Act, 2017, stands out as a
landmark law in this regard, promoting a rights-based approach to mental health care. If
you or someone you know is affected by mental health issues, understanding these
laws can help in accessing the rights and services available.