Theme: Mental Health

Every person with a mental illness has a right to live with dignity.((Section 20(1), the Mental Healthcare Act, 2017 )). In other words, persons are protected from cruel, inhuman or degrading treatment in any mental health establishment.

This includes the following rights like((Section 20(1),  the Mental Healthcare Act, 2017 )):

• Living in a safe and hygienic environment
• Sanitary conditions and provisions for sanitation, space and articles of personal hygiene.  For instance, women should be provided with items required during menstruation.
• Facilities for leisure, recreation and education. This includes practising one’s own religion
• Privacy
• Proper clothing
• Not doing any forced work in a mental health establishment
• Receiving payment for whatever work  has been done
• Provision for preparing for living in the community
• Adequate and wholesome food
•  Preventing the compulsory shaving of head hair. In other words, the right to stop any cruel, inhuman or degrading treatment, and to live with dignity
• Wearing one’s own personal clothes, according to one’s wishes. In other words, not wearing the uniforms provided by the mental health establishment
• Protection from all forms of physical, verbal, emotional and sexual abuse.

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.

Every person with mental illness has a right to free legal aid with respect to their rights((Section 27(1), the Mental Healthcare Act, 2017 )). Free legal aid means providing legal services, free of cost, to certain sections of the society, and it means that one has a right to ask for any of the legal services given below:

• Representation by a lawyer in legal proceedings.
• Payment of all costs including process fees, expenses of witnesses, etc.
• Preparation of memo of appeal, paper book including printing and translation of documents in legal proceedings.
• Drafting of legal documents, a special leave petition, etc.
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.

However, to get legal aid, you have to be eligible by fulfilling certain criteria. It is the duty of the following to inform the person with mental illness that they are entitled to free legal aid  and to provide the details of the availability of services((Section 27(2), the Mental Healthcare Act, 2017 )):

• Magistrate
• Police officer
• Medical officer or mental health professional in charge of a mental health establishment

If legal aid is not provided, 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.

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.

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.