Optional Grouping: Legal Rights

A person with mental illness or their nominated representative has the right to complain. It can be done regarding deficient care, treatment and related services in a mental health establishment((Section 28(1),  the Mental Healthcare Act, 2017 )).

One can make such a complain to((Section 28(1),  the Mental Healthcare Act, 2017 )):

• The mental health professional in charge of the establishment, and if not satisfied with the response
• The relevant Mental Health Review Board, and if not satisfied with the response
• The State Mental Health Authority

The person with mental illness also has the right to complain and go to Court in case of violation of their rights((Section 28(2),  the Mental Healthcare Act, 2017 )).

Every person with mental illness who is admitted has the right to communication((Section 26(1), the Mental Healthcare Act, 2017 )). This means the right to:

• Refuse or receive visitors
• Refuse or receive and make phone calls subject to the rules of the mental health establishment
• Send and receive emails((Section 26(2),  the Mental Healthcare Act, 2017 )).

Additionally, the right to communication also means that the person does not have to communicate with certain people if they so wish.  They may inform the mental health professional in-charge, whose duty it is to restrict such communication. However, this right does not apply in certain cases. They cannot restrict communication if it is from((Section 26(3),  the Mental Healthcare Act, 2017 )):

• Any Judge or officer authorised by a court
• Members of the authorities i.e. Mental Health Review Board, the Central Authority or the State Authority
• Any member of Parliament or a Member of State Legislature
• Nominated representative or legal representative of the person
• Medical professional in charge of the person’s treatment
• Any other person authorised by the Government.

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.