Section 2 of MHCA : Section 2: Definitions

Explanation using Example

Imagine a situation where an individual named Arjun has been diagnosed with a severe mental illness that affects his ability to make decisions. His family wants to ensure that he receives appropriate care and treatment while respecting his autonomy. They learn about the "advance directive" provision under the Mental Healthcare Act, 2017.

Arjun, with the help of a clinical psychologist, drafts an advance directive as per Section 5 of the Act, specifying his preferences for treatment and nominating a representative to make decisions on his behalf in case he is unable to do so himself. This directive is to be considered by the caregivers and medical professionals if Arjun is ever found incapable of making informed decisions about his treatment.

Later, during a period when Arjun is not able to make informed decisions, his family approaches the mental health establishment where he is admitted. They provide the advance directive to the medical officer in charge, who along with the care team, follows the treatment preferences outlined by Arjun in the document. They also consult with Arjun's nominated representative to ensure that his rights and autonomy are respected, in line with the "least restrictive alternative" principle.