Right to Equality and Non-Discrimination

Home / Legal Explainers / Health & Environment / Mental Health / Mental Health / Right to Equality and Non-Discrimination

Every person with mental illness has a right to equality and non-discrimination including((Section 21(1), the Mental Healthcare Act, 2017 )):

No discrimination against a person with mental illness on any basis. This includes reasons such as gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class or disability
Emergency facilities and services of good quality, and of the same quality and availability as those provided to persons with physical illness
Ambulance services of the same manner, extent and quality as provided to persons with physical illness
Good living conditions in health establishments , of the same manner, extent and quality as provided to persons with physical illness
Any other health services provided to persons with physical illness, of the same manner, extent and quality as provided to persons with physical illness

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2 years and/or with a fine between Rs. 50,000 to 2 lakhs((Section 108, the Mental Healthcare Act, 2017 )). You should complain against such a person, or approach the Court with the help of a lawyer.

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Rights of Persons with Mental Illness

Persons with mental illness have certain rights under the Mental Healthcare Act, 2017, so as to safeguard them from discrimination and harm.

Rights of Victims and Witnesses

Certain rights are guaranteed to the victims, their dependents and those acting as witness to the complaints filed under the special law.

Land and Property belonging to SC/ST

It is illegal to take over any land that is owned or controlled by or allotted to any SC/ST member as well as forcing an SC/ST member to leave her home unless it is done legally.

Voting and Elections Rights of SC/ST

Interfering with the voting rights of members of SC/STs is punishable with imprisonment between 6 months and 5 years along with a fine.

Steps for States to ensure fulfilment of the rights

If you are a victim of atrocities, dependent of the victim or a witness to the atrocities, you are guaranteed certain rights.

Cruel and Degrading Atrocities against SC/ST

The punishment for committing atrocities against SC/ST is imprisonment between 6 months and 5 years, along with a fine.