Author: Haripriya Rajendra Tiwari Reshma, Adv Balasaheb Apte College of Law
To the Point
The Mental Healthcare Act, 2017, marked a paradigm shift in India’s approach to mental health. Most notably, it decriminalized suicide by presuming severe stress in those attempting it, overturning the criminalization under Section 309 of the Indian Penal Code. The Act also prioritizes access to affordable mental healthcare, recognizes the rights of individuals with mental illness, and seeks to erase the stigma historically attached to mental disorders.
Mental health isn’t merely a psychological issue; it is a systemic concern impacting every organ of the body. From cardiovascular diseases to hormonal imbalances and lifestyle-induced ailments, poor mental health is at the root. Modern lifestyles emphasize physical fitness but often ignore the foundational role of psychological wellbeing.
Use of Legal Jargon
Decriminalization: Removal of criminal penalties associated with an act (here, suicide attempts).
Presumption of Severe Stress: Legal assumption that any person attempting suicide is suffering from mental illness unless proven otherwise.
Advance Directive: A legal document under the Act that allows a person to state their treatment preferences in advance.
Nominated Representative: A person appointed to make treatment decisions on behalf of a person with mental illness.
The Proof
Scientific Data: According to WHO (2023), over 15% of adults globally suffer from a mental disorder, and suicide is the fourth leading cause of death among individuals aged 15–29.
A report by NIMHANS (2016) found that 13.7% of Indians suffer from some form of mental illness. Of these, 10.6% require immediate medical intervention.
The Lancet Psychiatry Journal (2020) confirmed that untreated depression significantly increases the risk of heart disease, diabetes, and obesity.
Harvard Medical School researchers found that chronic stress and anxiety are linked to higher levels of cortisol, a hormone that contributes to weight gain, especially abdominal obesity, and weakens the immune system.
Abstract
The Mental Healthcare Act, 2017 represents a significant change in India’s legislative and medical treatment of mental illness. The law brings dignity, rights, and access to treatment for mentally ill individuals and corrects the outdated legal view that criminalized suicide attempts. As research increasingly proves the intricate link between mental and physical health, the Act signals the need to prioritize mental well-being as the foundation of holistic fitness. This article explores the rationale behind the Act, the scientific basis linking mental illness to physical diseases, and how mental health awareness is essential even in pursuits like fitness and weight loss.
Case Laws
Gian Kaur v. State of Punjab (1996): The Supreme Court held that the “right to die” is not part of the “right to life” under Article 21 but acknowledged that terminal illness may require legislative intervention.
Common Cause v. Union of India (2018): Though primarily focused on euthanasia, the Court emphasized autonomy and dignity in end-of-life decisions, influencing mental health jurisprudence.
Navtej Singh Johar v. Union of India (2018): While about LGBTQ+ rights, this case indirectly influenced the discourse around mental health by addressing societal stigma and psychological impact.
Conclusion
Mental health is not a privilege but a constitutional right. The Mental Healthcare Act, 2017, goes beyond removing criminality from suicide—it promotes a right-based approach to mental wellness, treatment, and dignity. In a country where mental disorders are often hidden under social stigma, this Act forces institutions, families, and healthcare systems to take accountability. Mental well-being must precede physical transformation; whether it’s about losing weight, staying fit, or simply living with dignity, mental health is the bedrock. The symptoms of bad mental health—like fatigue, insomnia, irritability, isolation, or excessive worry—should be early warning signs, not ignored red flags. The law is clear: it is no longer a crime to cry for help; it is a right to receive it.
FAQS
Q1. What is the Mental Healthcare Act, 2017?
It is a law enacted to provide mental healthcare and services for persons with mental illness and to protect their rights, including the right to dignity, treatment, and protection from inhumane conditions.
Q2. Why was suicide decriminalized under this Act?
The law presumes that anyone attempting suicide is under severe stress and requires medical help, not punishment. Section 115 of the Act overrides Section 309 IPC.
Q3. How does mental illness affect physical health?
Mental illnesses like depression and anxiety can lead to or exacerbate physical diseases such as heart disease, diabetes, obesity, and even autoimmune disorders due to stress and hormonal imbalances.
Q4. Is physical fitness enough to maintain health?
No. Emotional stability, cognitive clarity, and psychological peace are essential. Physical fitness without mental health is like a house with a cracked foundation.
Q5. What are common symptoms of mental illness?
Some early symptoms include persistent sadness, lack of interest, changes in appetite or sleep, social withdrawal, and irrational fears.
Q6. Can a person decide their treatment under the Act?
Yes. The Act allows for Advance Directives and Nominated Representatives, ensuring autonomy in treatment choices.
Sources:
The Mental Healthcare Act, 2017
WHO Mental Health Data, 2023
NIMHANS National Mental Health Survey, 2016
Harvard Medical School Reports on Cortisol and Obesity
Lancet Psychiatry Journal, 2020
Indian Supreme Court Judgments (AIR 1996 SC 946; AIR 2018 SC 1620)
Let me know if you need it in MS Word format with citations or a presentation based on this.
