Right to Equality and Non-Discrimination

Every person with mental illness has a right to equality and non-discrimination including¹:

• 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 lakhs². You should complain against such a person, or approach the Court with the help of a lawyer.

1. Section 21(1),  the Mental Healthcare Act, 2017 [↩]
2. Section 108,  the Mental Healthcare Act, 2017 [↩]