The Indian law that provides for the care, treatment, and protection of persons with mental illness, and also defines 'advance directive' and 'nominated representative', is:
- A Mental Health Act, 1987
- B Mental Healthcare Act, 2017 ✓
- C Persons with Disabilities Act, 2016
- D Indian Medical Council Act, 1956
Explanation
The Mental Healthcare Act (MHCA), 2017, replaced the outdated Mental Health Act of 1987 and aligns with the UN Convention on Rights of Persons with Disabilities. Key provisions include: the right of every person with mental illness to access government-funded mental health care; the concept of an advance directive (instructions about preferred treatment written in a competent state); the nominated representative (a person chosen to make decisions when the patient lacks capacity); and importantly, decriminalisation of attempted suicide (harmonising with Section 309 IPC repeal under Bharatiya Nyaya Sanhita 2023). The 1987 Act did not contain these provisions.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.