Lok Sabha Question No. 398 (STARRED), answered on 2019-07-19
Subject: Mental Health Care Act, 2017
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Hibi Eden

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO. 398 TO BE ANSWERED ON THE 19 TH JULY , 2019 MENTAL HEALTH CARE A CT, 2017

## *398. SHRI HIBI EDEN:

Will  the  Minister  of  HEALTH  AND  FAMILY  WELFARE  be  pleased  to state:

- (a) whether the Mental Health Care Act, 2017 has been successful, if so, the thereof and if not, the reasons therefor;
- (b) whether the World Health Organisation (WHO) has decla red India as the most depressed country in the world and if so, the reaction of the Government ther
- (c)  whether  the  Government  has  conducted  any  study/analysis  to  find  out reasons for the same, if so, the details and the findings thereof; and
- (d) whether mental health illness is covered under all the insurance/medica schemes and if so, the details thereof along with the steps taken by the Gov to ensure adherence by all insurance companies in this regard?

## ANSWER THE MINISTER OF H EALTH AND FAMILY WELFARE (DR. HARSH VARDHAN)

(a) to ( d):  A statement is laid on the Table of the House

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 398* FOR 19 TH JULY , 2019

(a): The  Mental  Healthcare  Act,  2017  came  into  force  w.e.f.  29 th May,  2018 along with the Rules framed thereunder. The Act aims at protection and promo of the rights of persons with mental illness during the delivery of health institutions  and  in  th e  community.  It  also  ensures  health  care,  treatment  an rehabilitation of persons with mental illness within a rights based framew achieve the greatest public health good. The novel features of the Act are as

- Advance Directive to specify the way the person wishes how to be and how not to be cared for and treated for a mental illness.
- Nomination  of  a  representative  for  providing  support  to  the  person mental illness in making treatment decisions
- Rights  of  mentally  ill  person  to  access  menta l  healthcare,  live  in  the community,  protection  from  cruel,  inhuman  and  degrading  treatment equality and non - discrimination, legal aid, make complaints about deficiencies in provision of services, etc.
- Care givers can be appointed as a nominated represe ntative of a mentally ill person, members of the Central Mental Health Authority and State Ment Health Authorities, members of the Mental Health Review Boards
- Restriction on use of Electro - Convulsive Therapy and Psychosurgery
- Decriminalization of attempt to commit suicide

(b) & (c): As per the World Health Organization's Report 'Depression and Other Common  Mental  Disorders -Global  Health  Estimates'  released  in  2017,  the estimated  prevalence  of  depressive  disorders  in  India  is  4.5%  of  the populatio n  which  is  not  the  highest  in  the  world.  Further,  as  per  the  Na Mental  Health  Survey  report  released  on  26 th December,  2016,  by  the  National Institute  of  Mental  Health  and  Neuro  Sciences,  Bangalore,  the  prevalenc depressive disorders in India is estimated to be 2.7% of the total population.

(d): As per Section 21 (4) of the Mental Healthcare Act, 2017, every insurer make provision for medical insurance for treatment of mental illness on the basis as is available for treatment of physical illness. The Insurance Regulatory and Development Authority of India vide order dated 16 th August, 2018 has directed all insurance  companies  to  comply  with  the  aforesaid  provision  of  the  Men Healthcare Act, 2017.

*****