Rights of Persons with Mental Illness under the Mental Healthcare Act, 2017

In the last post, we discussed the concept of determination of mental illness, Advance Directive and Nominated Representative as has been provided in the Mental Healthcare Act, 2017 (in short, “Act”). In the present post, we shall discuss and under the rights of persons with mental illness as has been provided under Chapter V (Sections 18 to 28) of the Mental Health Act, 2017.

Following are the rights of persons with mental illness: -

1. Section 18 – Right to Access Mental Health Care – This right includes health services at affordable cost, of good quality, sufficient accessibility, without discrimination, provided in an acceptable manner etc. The right also includes provision of accommodation, rehabilitation establishments, child mental health services, old age mental health services, free of charge medical services to destitute persons, ensure minimum standards, notify essential drug list etc.

2. Section 19 – Right to Community Living – This right includes right to live in the society, right not to continue in a Mental Health Establishment merely because the mentally person does not have a family or is homeless. This right also includes legal support from the Government in case where the mentally-ill person has been abandoned by the family.

3. Section 20 – Right to Protection from cruel, inhuman and degrading treatment – This right includes right to have adequate sanitary conditions, reasonable facilities for leisure, privacy, proper clothing, wholesome food, safe and hygienic environment, to not to be forced to undertake work, to receive appropriate remuneration for work, to not to be subject to compulsory tonsuring (shaving of head), to be protected from physical, verbal, emotional and sexual abuse etc.

4. Section 21 – Right to equality and non-discrimination – This right includes right to no discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class or disability and right to avail medical and health services as are being availed by a person with physical illness.

5. Section 22 – Right to Information – This right has been extended to not just the person with mental illness but also his/her Nominated Representative. Such right includes obtaining all the information regarding admission, nature of illness, proposed treatment plan, known side-effects and receiving information in a language that could be understood by the person receiving it.

6. Section 23 – Right to confidentiality – This right includes duty of health professionals to keep the medical information of mentally ill person as confidential. According to this provision, only such information that is necessary to protect the threat identified is to be released.

7. Section 25 – Right to Access Medical Records – This Section stipulates that every person with mental illness shall have the right to access that basic medical records. Also, duty is cast upon the Mental Health Professional to withhold medical information if its disclosure would result in hard to either the person with illness or to any other person.

8. Section 26 – Right to Personal Contacts and Communication – This right includes the right to refuse or receive visitors, make telephone or mobile calls, send or receive emails etc. This right to refusal shall not be available against visits/telephone/email from Judges, Members of Board or Authority, Members of Parliament, Nominated Representative, Legal Representatives, Medical Practitioner In-Charge etc.

9. Section 27 – Right to Legal Aid – The right includes right to be informed about the entitlement of free legal services and the relevant contact details for availing such services.

10. Section 28 – Right to make Complaints about deficiencies in provision of services – This right includes making Complaints regarding care, treatment and services in a Mental Health Establishment.

It is pertinent to note that all the abovementioned rights have been made enforceable under the Act itself as there are penal provisions provided for non-compliance of the provisions of the Act.

In the next post, we shall discuss the duties and functions of the Government, Central Mental Health Authority and State Mental Health Authority.