The law on mental illness in India has evolved significantly over the past few decades — from a custodial and stigma-oriented approach under colonial-era laws to a rights-based, health-centric framework under modern statutes aligned with international conventions like the UN Convention on the Rights of Persons with Disabilities (UNCRPD), 2006, which India ratified in 2007.
Below is a detailed overview of the key laws, principles, and judicial developments governing mental illness in India:
🧠 1. Mental Healthcare Act, 2017 (MHCA)
In force since 7 July 2018, this Act repealed the Mental Health Act, 1987 and marked a paradigm shift toward protecting the rights and dignity of persons with mental illness.
Key Provisions:
(a) Definition:
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Mental illness [Section 2(s)] means a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behaviour, capacity to recognize reality, or ability to meet the ordinary demands of life.
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It does not include mental retardation (intellectual disability).
(b) Right to Mental Healthcare:
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Every person has a right to access affordable and good-quality mental healthcare and treatment from government-run or funded services [Section 18].
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The government is obligated to make such services available in every district.
(c) Right to Live with Dignity:
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Persons with mental illness have the same rights as any other citizen, including privacy, community living, and protection from cruel or degrading treatment.
(d) Advance Directive [Section 5]:
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Any person may specify in advance how they wish to be treated (or not treated) for a mental illness and appoint a Nominated Representative (NR) to take decisions on their behalf.
(e) Decriminalization of Suicide [Section 115]:
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A person who attempts suicide is presumed to be under severe stress, and therefore not punishable under Section 309 of the IPC.
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The government must provide care, treatment, and rehabilitation to reduce recurrence.
(f) Regulation of Mental Health Establishments:
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All mental health establishments must be registered and follow prescribed standards.
(g) Involuntary Admission [Sections 89–90]:
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Permitted only under strict conditions and subject to review by Mental Health Review Boards (MHRBs).
⚖️ 2. Rights of Persons with Disabilities (RPwD) Act, 2016
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Recognizes “mental illness” and “mental retardation” as distinct forms of disability.
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Provides for non-discrimination, equal opportunity, and reasonable accommodation in employment, education, healthcare, and public life.
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Persons with benchmark disabilities (≥40% mental illness) are entitled to reservation in government jobs and education.
👩⚖️ 3. Indian Penal Code (IPC) and Criminal Responsibility
(a) Section 84, IPC – Insanity Defense:
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Provides that nothing is an offence if the person, at the time of doing it, was incapable of knowing the nature of the act or that it was wrong or contrary to law due to unsoundness of mind.
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Based on the McNaughton Rules of 1843 (UK).
(b) Procedural Provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly CrPC, 1973):
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Sections 365–371 BNSS correspond to earlier Sections 328–339 CrPC, dealing with:
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Inquiry into unsoundness of mind of an accused.
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Procedures for medical examination, treatment, and conditional release.
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💼 4. Employment and Service Law
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The RPwD Act, 2016 ensures non-discrimination in employment.
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The Supreme Court in Union of India v. Devendra Kumar Pant (2009) 14 SCC 546 held that dismissal or forced retirement on grounds of mental illness must be justified and not arbitrary.
🏥 5. Insurance Coverage for Mental Illness
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The MHCA, 2017 (Section 21(4)) mandates insurance companies to provide medical insurance for mental illness on the same basis as for physical illness.
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The IRDAI (Insurance Regulatory and Development Authority of India) issued circulars (2018 & 2020) enforcing parity in mental health coverage.
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Notable case:
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Shikha Nischal v. National Insurance Co. Ltd., 2021 SCC OnLine NCDRC 263 — Mental illness coverage denial held unlawful and discriminatory.
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