What is Right to Access to Mental Health Care? Mental Healthcare Act, 2017

What is Right to Access to Mental Health Care? Mental Healthcare Act, 2017

”Right to access mental healthcare”

Section 18 of the Act articulates that “every person shall” have a right to access mental health care and treatment from mental health services run or funded by the appropriate government, and the government shall make sufficient provision as may be necessary, for a range of services required by PMI. If the government fails to provide the right to access mental health care to everyone, then it is the responsibility of the government to reimburse the costs of treatment according to section 18, 5 (f) of the MHCA 2017. Section 18 is for “everyone” because a person who is on prophylaxis (on follow-up and do not meet the criteria of PMI) can access mental health-care services and free essential medicines; a person who does not meet the criteria of PMI (had an illness but improved currently) can access a range of rehabilitation services, and another person can seek help before he/she develops mental illness (prevention and promotion). It is very important to note that only Section 18 of the MHCA, 2017 says every person has the right to access mental health care and beyond doubt, it applies to everyone. However, Section 19–28 applies only for PMI.

Justiciability of right to access to mental health care

The Act has taken a paradigm shift of providing “mental healthcare” as a “justiciable rights.” Justiciability refers to the amenability of an issue to be adjudicated on in the judicial or quasi-judicial statutory bodies under the legislation. This right is meant to ensure that services be accessible, affordable, and of good quality. It also mandates the provision of mental health services to be established and available in every district of the country. Now, all States are legally bound to provide this right to their citizens under the MHCA, 2017. This is a landmark legislation in terms of making the government accountable for a socioeconomic right – the “right to access mental health care.”