Mental Healthcare Act, 2017 – From Criminalization to Care

In India, mental health has long been marginalized. Mental illness was frequently shrouded in social neglect, stigma, and silence, whereas physical illnesses were acknowledged and addressed by the healthcare system. More troublingly, until recently, the law viewed someone who attempted suicide as a criminal rather than a victim in need of assistance. This perspective underwent a significant change with the passage of the Mental Healthcare Act of 2017, which changed the focus of the law from punishment to care and support. Context of History The “attempt to commit suicide” was made illegal by Section 309 of the Indian Penal Code, 1860, which was created during the colonial era. A person who survived a suicide attempt could be punished under this clause with a fine, simple imprisonment for up to a year, or both.
The rationale at the time was grounded in deterrence and moral judgment. Suicide was seen as an act against the state and society. However, in practice, this section caused double trauma: first, the emotional and psychological suffering that led to the attempt, and second, prosecution by the state.
Over the decades, there were growing calls for repeal. The Law Commission of India in its 210th Report (2008) recommended that Section 309 be deleted, recognizing that survivors require care, not punishment. The Supreme Court of India, in P. Rathinam v. Union of India (1994), had even struck down Section 309 as unconstitutional, holding that the “right to life” under Article 21 of the Constitution also included the “right not to live.” However, this decision was later overruled in Gian Kaur v. State of Punjab (1996), where the Court upheld the validity of Section 309 but observed that Parliament was free to amend the law.
This background set the stage for a more progressive legal reform.

The Mental Healthcare Act, 2017
The Mental Healthcare Act, 2017 replaced the outdated Mental Health Act of 1987 and brought Indian law in line with international standards, particularly the UN Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.

Key Objectives of the Act:
1. Right to Mental Healthcare – Every person has the right to access affordable and good quality mental healthcare services funded by the government.
2. Decriminalization of Suicide Attempts – Recognizing that an attempt to suicide is often a cry for help, not a crime.
3. Advance Directives – Patients may state how they wish to be treated during future mental health crises and nominate representatives.
4. Dignity and Non-discrimination – Individuals with mental illness cannot be discriminated against in employment, education, housing, or access to healthcare.
5. Patient Autonomy – Treatment requires informed consent, and patients have rights to confidentiality and legal aid.

Section 115: Repealing the Harshness of Section 309 IPC
Perhaps the most widely discussed aspect of the Act is Section 115, which directly addresses the problem of criminalizing suicide attempts. It states:
Presumption of Stress – Any person who attempts to commit suicide shall be presumed to have been under severe stress.
No Punishment – Such a person shall not be tried or punished under Section 309 IPC.
State’s Duty – The government is obligated to provide care, treatment, and rehabilitation to reduce the risk of recurrence.
Effectively, Section 115 neutralizes the operation of Section 309 IPC. While the latter has not been formally deleted from the statute book, its enforcement is practically negated because of this presumption.

Constitutional and Human Rights Angle
The Act is deeply rooted in the Constitutional guarantee of the Right to Life under Article 21. Over the years, Article 21 has been interpreted expansively by the judiciary to include not just mere animal existence but the right to live with dignity, health, and well-being. Criminalizing suicide attempts was inconsistent with this spirit.
Further, the law aligns India with international human rights instruments, especially:
Universal Declaration of Human Rights (UDHR), 1948 – Right to life and dignity.
International Covenant on Civil and Political Rights (ICCPR) – Protection of personal autonomy.
UNCRPD – Rights of persons with disabilities, including psychosocial disabilities.
Judicial Developments
Even before the 2017 Act, courts had expressed discomfort with Section 309 IPC. In State v. Sanjay Kumar Bhatia (1985), the Delhi High Court termed it “an anachronism” that needed repeal. After the Act came into force, several High Courts have clarified that prosecutions under Section 309 must be read in light of Section 115 of the Mental Healthcare Act, effectively decriminalizing the offence.
Why This Shift Matters
1. Public Health Approach – Suicide is a leading cause of death in India, particularly among the youth. Treating it as a medical issue enables preventive care.
2. Reducing Stigma – Survivors can now seek help without fear of criminal consequences.
3. Encouraging Awareness – It changes societal perception, promoting compassion instead of judgment.
4. Supportive Framework – By making the state responsible for rehabilitation, the law ensures systemic support.

Challenges in Implementation
While the Act is progressive, its success depends on implementation. Some pressing challenges include:
Infrastructure Gaps – India faces a severe shortage of mental health professionals. According to WHO estimates, India has less than one psychiatrist per 1,00,000 people.
Awareness and Stigma – Many still perceive mental illness as weakness or taboo, preventing people from seeking help.
Funding Shortfalls – State budgets for mental health remain minimal compared to overall health expenditure.
Training and Integration – Primary healthcare workers and police officials often lack adequate training in handling mental health crises.
Unless these gaps are bridged, the promise of the Act may remain only on paper.

Conclusion
One significant step in India’s transition to a humane and rights-based legal system is the Mental Healthcare Act of 2017. It guarantees that a person in distress is not punished but is instead taken care of by successfully neutralizing Section 309 IPC. It acknowledges the importance of mental health to general wellbeing and the need for the law to be based on respect, empathy, and treatment access. This Act serves as a reminder to citizens, professionals, and students alike that legal reforms can be used as tools to bring about social change. It’s also a call to action: society needs to do its share to end stigma, raise awareness, and help those who endure silent suffering. In the end, the Act changes India’s stance from one of criminalization to one of compassion, from punishment to prevention, and from stigma to assistance.

Compiled and Authored by
Md Irshad Ahmad,
Advocate, Supreme Court of India