Advance Directive under Mental Healthcare Act, 2017

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The Mental Healthcare Act, 2017 is important legislation that is indicative of a progressive nation. This is clearly indicated in the clause of Advance Directive under Mental Healthcare Act, 2017

The enactment of the Mental Healthcare Act, 2017 by the current government is an attempt to protect the rights of the mentally ill and enable citizens to decide on the method of treatment in case of mental illness, lest they are mistreated or neglected. India ratified the UN Convention on Rights of Persons with Disabilities in October 2007. The government to make appropriate changes by amending the mental health legislation of the country. Hence, a new Mental Healthcare Act, 2017 was drafted and notified to uphold the rights of the persons with mental illness

The Act proposes an ‘advance medical directive’ through which individuals can dictate how they “wish to be" and “wish not to be treated" and can nominate a member who can make decisions on their behalf should they lose their mental capacity. But it is unable to provide a clear procedure for preparing it. Advance directives empowers a mentally ill person to have the right to make an advance directive of how they would want to be treated for their requisite illness and who should be their nominated representative. This directive has to be vetted by a medical practitioner

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