Right to Information

Every person with mental illness and their nominated representative have the right to information from the mental health professional. This includes the following information((Section 22(1), the Mental Healthcare Act, 2017. )):

• Law on persons with mental illness under which the person has been admitted
• Criteria for admission in a mental health establishment
• Right to make an application to the Mental Health Review Board for a review of their admission
• Information related to the person’s mental illness and the treatment plan as well as the side effects and to receive the information in a comprehensible language and manner
• Right to apply to the professional((Section 6(2), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 )) to access medical records((Section 25(1),  the Mental Healthcare Act, 2017, Section 6(1), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 )). The records are supposed to be provided to the person within 15 days((Section 6(3), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 )). However, specific information in the records are not provided to the person with mental illness if it will result in serious harm to him or to anyone else((Section 25(2), the Mental Healthcare Act, 2017 )). To get such information, the person has to apply to the Mental Health Review Board for release of the information((Section 25(3),  the Mental Healthcare Act, 2017 )).

Giving Complete Information

It is the duty of the professional to give complete information. This information is provided during admission or at the start of the treatment.((Section 22(2),  the Mental Healthcare Act, 2017 )):

• Ensure that full information is provided promptly to the person when they are in a position to receive it
• To give the information to the nominated representative immediately

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.