Evaluating India’s Mental Health Laws: Implementation, Benefits, and Challenges

Since the mid-19th century, mental health legislation has existed in India to guarantee that people with mental health disorders receive quality care and that healthcare professionals will be held responsible for the patient’s treatment results and experiences. Mental healthcare in India is governed by the Mental Healthcare Act 2017, which replaced the Mental Healthcare Act 1987 and was enacted after the sanction of the United Nations Convention on the Rights of Persons with Disabilities, 2006. Unlike the earlier legislation (the Mental Healthcare Act 1987), which was primarily concerned with custodial aspects of persons with mental illness, the Mental Healthcare Act 2017 ushers in a new era, allowing people with mental disorders to receive proper care and lead a dignified life. The implementation of the Mental Healthcare Act 2017, which included establishing authorities to ensure regulation, providing legal help for patients, forming mental health review boards to protect patient rights, registering mental health establishments, and providing free treatment to families below the poverty line, laid a strong foundation for improving mental healthcare in India. However, several challenges, such as insufficient infrastructural and financial resources, stigma, and discrimination against mental illness, still hinder its full realization. The Mental Healthcare Act 2017 is pivotal for mental healthcare in India, offering numerous benefits, including access to care, stigma reduction, patient autonomy, and rights protection, that would improve the overall mental health framework. The present study aims to perform an in-depth analysis of the mental healthcare laws in India, focusing on their impact and implementation.