Mental Health Review Boards Set Up Under MHCA, 2017: First Legal Reviews Begin
- ByAdmin --
- 14 May 2025 --
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In a significant development for mental health jurisprudence in India, the first legal reviews by Mental Health Review Boards (MHRBs) have begun across several states under the Mental Healthcare Act, 2017 (MHCA, 2017). This marks a crucial step towards ensuring accountability, safeguarding patients' rights, and promoting dignity for persons with mental illness.
The establishment of these boards is a major reform mandated by the MHCA, 2017, which seeks to align Indian law with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India in 2007. The MHCA recognizes the autonomy, agency, and legal rights of individuals living with mental health conditions.
Legal Framework and Role of Mental Health Review Boards
- Mental Healthcare Act, 2017 (MHCA, 2017):
The Act establishes Mental Health Review Boards to oversee and review decisions related to admission, treatment, and rights violations in mental health establishments.
- Article 21 of the Constitution of India:
Guarantees the right to life and personal liberty, including the right to live with dignity — a core principle reflected in mental health law.
- United Nations Convention on the Rights of Persons with Disabilities (UNCRPD):
Advocates for equality before the law and non-discrimination for persons with disabilities, including mental health disabilities.
Functions of Mental Health Review Boards
The MHRBs serve as quasi-judicial bodies, with the power to:
- Review Admissions:
Especially involuntary or supported admissions in mental health establishments under Sections 89 and 90 of MHCA, 2017.
- Redress Complaints:
Hear grievances related to rights violations, abuse, or improper care of persons admitted to mental health facilities.
- Approve Advance Directives:
Verify and enforce advance directives made by individuals regarding their future mental health treatment preferences.
- Guardianship Decisions:
Appoint nominated representatives or review their conduct if disputes arise.
Key Issues the First Reviews Are Addressing
- Validity of Supported Admissions:
- MHRBs are examining whether mental health establishments are properly following the strict criteria for admitting patients without their consent, especially under Section 89.
- MHRBs are examining whether mental health establishments are properly following the strict criteria for admitting patients without their consent, especially under Section 89.
- Rights Violation Allegations:
- Patients and their families have filed complaints regarding inadequate facilities, coercive treatments, and denial of rights like communication, access to legal aid, or informed consent.
- Patients and their families have filed complaints regarding inadequate facilities, coercive treatments, and denial of rights like communication, access to legal aid, or informed consent.
- Advance Directives Implementation:
- Disputes around advance directives, such as hospitals disregarding patients' written treatment preferences, are being actively reviewed.
- Disputes around advance directives, such as hospitals disregarding patients' written treatment preferences, are being actively reviewed.
- Appointment of Nominated Representatives:
- Boards are deciding on challenges where family members dispute who should act as the patient’s nominated representative.
Challenges in Implementation
- Lack of Infrastructure:
Many states are yet to fully operationalize the MHRBs due to logistical and staffing issues.
- Awareness Gap:
Patients and caregivers are often unaware of their rights under the MHCA, leading to fewer complaints being filed.
- Training Deficits:
Board members, often drawn from various professional backgrounds (psychiatrists, lawyers, persons with lived experience), require specialized training to understand both medical and legal nuances.
Supreme Court's Interest in Mental Health Rights
The Supreme Court of India has, in previous rulings (e.g., Gaurav Kumar Bansal v. Union of India, 2017), highlighted the State’s responsibility to uphold mental health rights under Article 21. The Court stressed the urgent need for operational Mental Health Review Boards as a safeguard against illegal detention and rights violations.
Future Outlook
- Stronger Patient Rights Advocacy:
With the Boards operational, patients now have a structured legal channel to challenge abuses and seek redressal.
- Judicial Scrutiny:
Cases from MHRBs can be appealed to higher judicial bodies, strengthening legal oversight.
- Reinforcement of Advance Planning:
Greater emphasis will now be placed on advance directives, giving individuals more autonomy in their treatment.
- Regular Monitoring:
Annual reports by State Mental Health Authorities and the Central Authority are expected to monitor MHRB functioning and compliance.
Conclusion
The commencement of legal reviews by Mental Health Review Boards under the Mental Healthcare Act, 2017 represents a transformative moment for India's mental health system. Grounded in constitutional protections under Article 21 and international obligations under the UNCRPD, these Boards provide a critical check against arbitrary treatment and affirm the rights and dignity of persons with mental illness. While challenges remain, this institutional reform is a progressive step towards a more humane, rights-respecting mental health care system.
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