LexThe Mental Health Care Act, 2017
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THE MENTAL HEALTHCARE ACT, 2017
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
3. Determination of mental illness.
4. Capacity to make mental healthcare and treatment decisions.
CHAPTER III
ADVANCE DIRECTIVE
5. Advance directive.
6. Manner of making advance directive.
7. Maintenance of online register.
8. Revocation, amendment or cancellation of advance directive.
9. Advance directive not to apply to emergency treatment.
10. Duty to follow advance directive.
11. Power to review, alter, modify or cancel advance directive.
12. Review of advance directives.
13. Liability of medical health professional in relation to advance directive.
CHAPTER IV
NOMINATED REPRESENTATIVE
14. Appointment and revocation of nominated representative.
15. Nominated representative of minor.
16. Revocation, alteration, etc., of nominated representative by Board.
17. Duties of nominated representative.
CHAPTER V
RIGHTS OF PERSONS WITH MENTAL ILLNESS
18. Right to access mental healthcare.
19. Right to community living.
20. Right to protection from cruel, inhuman and degrading treatment.
21. Right to equality and non-discrimination.
22. Right to information.
23. Right to confidentiality.
24. Restriction on release of information in respect of mental illness.
25. Right to access medical records.
26. Right to personal contacts and communication.
27. Right to legal aid.
28. Right to make complaints about deficiencies in provision of services.
CHAPTER VI
DUTIES OF APPROPRIATE GOVERNMENT
29. Promotion of mental health and preventive programmes.
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SECTIONS
30. Creating awareness about mental health and illness and reducing stigma associated with mental
illness.
31. Appropriate Government to take measures as regard to human resource development and
training, etc.
32. Co-ordination within appropriate Government.
CHAPTER VII
CENTRAL MENTAL HEALTH AUTHORITY
33. Establishment of Central Authority.
34. Composition of Central Authority.
35. Term of office, salaries and allowances of chairperson and members.
36. Resignation.
37. Filling of vacancies.
38. Vacancies, etc., not to invalidate proceedings of Central Authority.
39. Member not to participate in meetings in certain cases.
40. Officers and other employees of Central Authority.
41. Functions of chief executive officer of Central Authority.
42. Transfer of assets, liabilities of Central Authority.
43. Functions of Central Authority.
44. Meetings of Central Authority.
CHAPTER VIII
STATE MENTAL HEALTH AUTHORITY
45. Establishment of State Authority.
46. Composition of State Authority.
47. Term of office, salaries and allowances of chairperson and other members.
48. Resignation.
49. Filling of vacancies.
50. Vacancies, etc., not to invalidate proceedings of State Authority.
51. Member not to participate in meetings in certain cases.
52. Officers and other employees of State Authority.
53. Functions of chief executive officer of State Authority.
54. Transfer of assets, liabilities of State Authority.
55. Functions of State Authority.
56. Meetings of State Authority.
CHAPTER IX
FINANCE, ACCOUNTS AND AUDIT
57. Grants by Central Government to Central Authority.
58. Central Mental Health Authority Fund.
59. Accounts and audit of Central Authority.
60. Annual report of Central Authority.
61. Grants by State Government.
62. State Mental Health Authority Fund.
63. Accounts and audit of State Authority.
64. Annual report of State Authority.
CHAPTER X
MENTAL HEALTH ESTABLISHMENTS
65. Registration of mental health establishment.
66. Procedure for registration, inspection and inquiry of mental health establishments.
67. Audit of mental health establishment.
68. Inspection and inquiry.
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SECTIONS
69. Appeal to High Court against order of Authority.
70. Certificates, fees and register of mental health establishments.
71. Maintenance of register of mental health establishment in digital format.
72. Duty of mental health establishment to display information.
CHAPTER XI
MENTAL HEALTH REVIEW BOARDS
73. Constitution of Mental Health Review Boards.
74. Composition of Board.
75. Terms and conditions of service of chairperson and members of Board.
76. Decisions of Authority and Board.
77. Applications to Board.
78. Proceedings before Board to be judicial proceedings.
79. Meetings.
80. Proceedings before Board.
81. Central Authority to appoint Expert Committee to prepare guidance document.
82. Powers and functions of Board.
83. Appeal to High Court against order of Authority or Board.
84. Grants by Central Government.
CHAPTER XII
ADMISSION, TREATMENT AND DISCHARGE
85. Admission of person with mental illness as independent patient in mental health establishment.
86. Independent admission and treatment.
87. Admission of minor.
88. Discharge of independent patients.
89. Admission and treatment of persons with mental illness, with high support needs, in mental
health establishment, up to thirty days (supported admission).
90. Admission and treatment of persons with mental illness, with high support needs, in mental
health establishment, beyond thirty days (supported admission beyond thirty days).
91. Leave of absence.
92. Absence without leave or discharge.
93. Transfer of persons with mental illness from one mental health establishment to another mental
health establishment.
94. Emergency treatment.
95. Prohibited procedures.
96. Restriction on psychosurgery for persons with mental illness.
97. Restraints and seclusion.
98. Discharge planning.
99. Research.
CHAPTER XIII
RESPONSIBILITIES OF OTHER AGENCIES
100. Duties of police officers in respect of persons with mental illness.
101. Report to Magistrate of person with mental illness in private residence who is ill -treated or
neglected.
102. Conveying or admitting person with mental illness to mental health establishment by
Magistrate.
103. Prisoners with mental illness.
104. Persons in custodial institutions.
105. Question of mental illness in judicial process.
CHAPTER XIV
RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION
106. Restriction to discharge functions by professionals not covered by profession.
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CHAPTER XV
OFFENCES AND PENALTIES
SECTIONS
107. Penalties for establishing or maintaining mental health establishment in contravention of
provisions of this Act.
108. Punishment for contravention of provisions of the Act or rules or regulations made thereunder.
109. Offences by companies.
CHAPTER XVI
MISCELLANEOUS
110. Power to call for information.
111. Power of Central Government to issue directions
112. Power of Central Government to supersede Central Authority.
113. Power of State Government to supersede State Authority.
114. Special provisions for States in north-east and hill States.
115. Presumption of severe stress in case of attempt to commit suicide.
116. Bar of jurisdiction.
117. Transitory provisions.
118. Chairperson, members and staff of Authority and Board to be public servants.
119. Protection of action taken in good faith.
120. Act to have overriding effect.
121. Power of Central Government and State Governments to make rules.
122. Power of Central Authority to make regulations.
123. Power of State Authority to make regulations.
124. Laying of rules and regulations.
125. Power to remove difficulties.
126. Repeal and saving.
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THE MENTAL HEALTHCARE ACT, 2017
ACT NO. 10 OF 2017
[7th April, 2017.]
An Act to provide for mental healthcare and services for persons with mental illness and to
protect, promote and fulfil the rights of such persons during delivery of mental healthcare
and services and for matters connected therewith or incidental thereto.
WHEREAS the Convention on Rights of Persons with Disabilities and its Optional Protocol was adopted
on the 13th D ecember, 2006 at United Nations Headquarters in New York and came into force on the
3rd May, 2008;
AND WHEREAS India has signed and ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is necessary to align and harmonise the existing laws with the said Convention.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commence ment.—(1) This Act may be called the Mental Healthcare Act,
2017.
(2) It shall extend to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the
Official Gazette, appoint; or on the date of completion of the period of nine months from the date on
which the Mental Healthcare Act, 2017 receives the assent of the President.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “advance directive” means an advance directive made by a person under section 5;
(b) “appropriate Government” means,—
(i) in relation to a mental health establishment established, owned or controlled by the Central
Government or the Administrator of a Union territory having no legislature, the Central
Government;
(ii) in relation to a mental health establishment, other than an establishment referred to in
sub-clause (i), established, owned or controlled within the territory of—
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of that Union territory;
(c) “Authority” means the Central Mental Health Authority or the State Mental Health Authority,
as the case may be;
(d) “Board” means the Mental Health Review Board constituted by the State Authority under
sub-section (1) of section 80 in such manner as may be prescribed;
(e) “care-giver” means a person who resides with a person with mental illness and is responsible for
providing care to that person and includes a relative or any other person who performs this function,
either free or with remuneration;
(f) “Central Authority ” means the Central Mental Health Authority constituted under
section 33;
1. 29th May, 2018, vide Notification No. S.O. 2173(E), dated 29th May 2018, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
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(g) “clinical psychologist” means a person—
(i) having a recognised qualification in Clinical Psychology from an institution approved and
recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation
Council of India Act, 1992 (34 of 1992); or
(ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology
and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after
completion of a full time course of two years which includes supervised clinical training from any
University recognised by the University Grants Commission established under the University Grants
Commission Act, 1956 (3 of 1956) and approved and recognised by the Rehabilitation Council of
India Act, 1992 (34 of 1992) or such recognised qualifications as may be prescribed;
(h) “family” means a group of persons related by blood, adoption or marriage;
(i) “informed consent” means consent given for a specific intervention, without any force, undue
influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate
information including risks and benefits of, and alternatives to, the specific intervention in a language
and manner understood by the person;
(j) “least restrictive alternative ” or “least restrictive environment ” or “less restrictive option ”
means offering an option for treatment or a setting for treatment which—
(i) meets the person's treatment needs; and
(ii) imposes the least restriction on the person's rights;
(k) “local authority” means a Municipal Corporation or Municipal Council, or Zilla Parishad, or
Nagar Panchayat, or Panchayat, by whatever name called, and includes such other authority or body
having administrative control over the mental health establishment or empowered under any law for the
time being in force, to function as a local authority in any city or town or village;
(l) “Magistrate” means—
(i) in relation to a metropolitan area within the meaning of clause (k) of section 2 of the Code of
Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
(ii) in relation to any other area, the Chief Judicial Magistrate, Sub-divisional Judicial Magistrate
or such other Judicial Magistrate of the first class as the State Government may, by notification,
empower to perform the functions of a Magistrate under this Act;
(m) “medical officer in charge” in relation to any mental health establishment means the psychiatrist
or medical practitioner who, for the time being, is in charge of that mental health establishment;
(n) “medical practitioner” means a person who possesses a recognised medical qualification—
(i) as defined in clause (h) of section 2 of the I ndian Medical Council Act, 1956 (102 of 1956),
and whose name has been entered in the State Medical Register, as defined in clause ( k) of that
section; or
(ii) as defined in clause (h) of sub-section (1) of section 2 of the Indian Medicine Central Council
Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as
defined in clause (j) of sub-section (1) of that section; or
(iii) as defined in clause (g) of sub-section (1) of section 2 of the Homoeopathy Central Council
Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as
defined in clause (i) of sub-section (1) of that section;
(o) “Mental healthcare” includes analysis and diagnosis of a person's mental condition and treatment
as well as care and rehabilitation of such person for his mental illness or suspected mental illness;
(p) “mental health establishment” means any health establishment, including Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or
partly, meant for the care of persons with mental illness, established, owned, controlled or maintained by
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the appropriate Government, local authority, trust, whether private or public, corporation, co-operative
society, organisation or any other entity or person, where persons with mental illness are admitted and
reside at, or kept in, for care, treatment, convalescence and rehabilitation, eit her temporarily or
otherwise; and includes any general hospital or general nursing home established or maintained by the
appropriate Government, local authority, trust, whether private or public, corporation, co -operative
society, organisation or any other entity or person; but does not include a family residential place where
a person with mental illness resides with his relatives or friends;
(q) “mental health nurse” means a person with a diploma or degree in general nursing or diploma or
degree in psychiatric nursing recognised by the Nursing Council of India established under the Nursing
Council of India Act, 1947 (38 of 1947) and registered as such with the relevant nursing council in the
State;
(r) “mental health professional” means—
(i) a psychiatrist as defined in clause (x); or
(ii) a professional registered with the concerned State Authority under section 55; or
(iii) a professional having a post -graduate degree (Ayurveda) in Mano Vigyan Avum Manas
Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a post-graduate degree (Unani) in
Moalijat (Nafasiyatt) or a post-graduate degree (Siddha) in Sirappu Maruthuvam;
(s) “mental illness” means a substantial disorder of thinking, mood, perception, orientation or
memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the
ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not
include mental retardation which is a condition of arrested or incomplete developmen t of mind of a
person, specially characterised by subnormality of intelligence;
(t) “minor” means a person who has not completed the age of eighteen years;
(u) “notification” means a notification published in the Official Gazette and the expression “notify”
shall be construed accordingly;
(v) “prescribed” means prescribed by rules made under this Act;
(w) “prisoner with mental illness ” means a person with mental illness who is an under -trial or
convicted of an offence and detained in a jail or prison;
(x) “psychiatric social worker” means a person having a post-graduate degree in Social Work and a
Master of Philosophy in Psychiatric Social Work obtained after completion of a full time course of two
years which includes supervised clinical training from any University recognised by th e University
Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or such
recognised qualifications, as may be prescribed;
(y) “psychiatrist” means a medical practitioner possessing a post -graduate degree or diploma in
psychiatry awarded by an university recognised by the University Grants Commission established under
the University Grants Commission Act, 1956 (3 of 1956), or awarded or recognised by the National
Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956
(102 of 1956), or recognised by the Medical Council of India, constituted under the Indian Medical
Council Act, 1956, and includes, in relation to any State, any medical officer who having regard to his
knowledge and experience in psychiatry, has been declared by the Government of that State to be a
psychiatrist for the purposes of this Act;
(z) “regulations” means regulations made under this Act;
(za) “relative” means any person related to the person with ment al illness by blood, marriage or
adoption;
(zb) “State Authority” means the State Mental Health Authority established under section 45.
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(2) The words and expressions used and not defined in this Act but defined in the Indian Medical
Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not
inconsistent with this Act shall have the meanings respectively assigned to them in those Acts.
CHAPTER II
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
3. Determination of mental illness.—(1) Mental illness shall be determined in accordance with such
nationally or internationally accepted medical standards (including the latest edition of the International
Classification of Disease of the World Health Organisation) as may be notified by the Central Government.
(2) No person or authority shall classify a person as a person with mental illness, except for purposes
directly relating to the treatment of the mental illness or in other matters as covered under this Act or any
other law for the time being in force.
(3) Mental illness of a person shall not be determined on the basis of,—
(a) political, economic or social status or membership of a cultural, racial or religious group, or for
any other reason not directly relevant to mental health status of the person;
(b) non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing
in a person's community.
(4) Past treatment or hospitalisation in a mental health establishment though relevant, shall not by itself
justify any present or future determination of the person's mental illness.
(5) The determination of a person's mental illness shall alone not imply or be taken to mean that the
person is of unsound mind unless he has been declared as such by a competent court.
4. Capacity to make mental healthcare and treatment decisions .—(1) Every person, including a
person with mental illness shall be deemed to have capacity to make decisions regardin g his mental
healthcare or treatment if such person has ability to—
(a) understand the information that is relevant to take a decision on the treatment or admission or
personal assistance; or
(b) appreciate any reasonably foreseeable consequence of a decis ion or lack of decision on the
treatment or admission or personal assistance; or
(c) communicate the decision under sub-clause (a) by means of speech, expression, gesture or any
other means.
(2) The information referred to in sub -section (1) shall be given to a person using simple language,
which such person understands or in sign language or visual aids or any other means to enable him to
understand the information.
(3) Where a person makes a decision regarding his mental healthcare or treatment which is perceived by
others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to
make mental healthcare or treatment decision, so long as the person has the capacity to make mental
healthcare or treatment decision under sub-section (1).
CHAPTER III
ADVANCE DIRECTIVE
5. Advance directive.—(1) Every person, who is not a minor, shall have a right to make an advance
directive in writing, specifying any or all of the following, namely:—
(a) the way the person wishes to be cared for and treated for a mental illness;
(b) the way the person wishes not to be cared for and treated for a mental illness;
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(c) the individual or individuals, in order of precedence, he wants to appoint as his nominated
representative as provided under section 14.
(2) An advance directive under sub-section (1) may be made by a person irrespective of his past mental
illness or treatment for the same.
(3) An advance directive made under sub-section (1), shall be invoked only when such person ceases to
have capacity to make mental healthcare or treatment decisions and shall remain effective until such person
regains capacity to make mental healthcare or treatment decisions.
(4) Any decision made by a person while he has the capacity to make mental healthcare and treatment
decisions shall over-ride any previously written advance directive by such person.
(5) Any advance directive made contrary to any law for the time being in force shall be ab initio void.
6. Manner of making advance directive.—An advance directive shall be made in the manner as may
be specified by the regulations made by the Central Authority.
7. Maintenance of online registe r.—Subject to the provisions contained in clause ( a) of
sub-section ( 1) of section 91, every Board shall maintain an online register of all advance directives
registered with it and make them available to the concerned mental health professionals as and when
required.
8. Revocation, amendment or cancellation of advance directive .—(1) An advance directive made
under section 6 may be revoked, amended or cancelled by the person who made it at any time.
(2) The procedure for revoking, amending or cancelling an advance directive shall be the same as for
making an advance directive under section 6.
9. Advance directive not to apply to emergency treatment .—The advance directive shall not
apply to the emergency treatment given under section 103 to a person who made the advance directive.
10. Duty to follow advance directive .—It shall be the duty of every medical officer in charge of a
mental health establishment and the psychiatrist in charge of a person's treatment to propose or give
treatment to a person with mental illness, in accordance with his valid advance directive, subject to
section 11.
11. Power to review, alter, modify or cancel advance directive .—(1) Where a mental health
professional or a relative or a care -giver of a person desires not to follow an advance directive while
treating a person with mental illness, such mental health profess ional or the relative or the care -giver of
the person shall make an application to the concerned Board to review, alter, modify or cancel the
advance directive.
(2) Upon receipt of the application under sub-section (1), the Board shall, after giving an opportunity
of hearing to all concerned parties (including the person whose advance directive is in question), either
uphold, modify, alter or cancel the advance directive after taking into consideration the following,
namely:—
(a) whether the advance directive was made by the person out of his own free will and free from
force, undue influence or coercion; or
(b) whether the person intended the advance directive to apply to the present circumstances,
which may be different from those anticipated; or
(c) whether the person was sufficiently well informed to make the decision; or
(d) whether the person had capacity to make decisions relating to his mental healthcare or
treatment when such advanced directive was made; or
(e) whether the content of the advance dire ctive is contrary to other laws or constitutional
provisions.
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(3) The person writing the advance directive and his nominated representative shall have a duty to
ensure that the medical officer in charge of a mental health establishment or a medical practit ioner or a
mental health professional, as the case may be, has access to the advance directive when required.
(4) The legal guardian shall have right to make an advance directive in writing in respect of a minor
and all the provisions relating to advance directive, mutatis mutandis, shall apply to such minor till such
time he attains majority.
12. Review of advance directives. —(1) The Central Authority shall regularly and periodically
review the use of advance directives and make recommendations in respect thereof.
(2) The Central Authority in its review under sub -section (1) shall give specific consideration to the
procedure for making an advance directive and also examine whether the existing procedure protects the
rights of persons with mental illness.
(3) The Central Authority may modify the procedure for making an advance directive or make
additional regulations regarding the procedure for advance directive to protect the rights of persons with
mental illness.
13. Liability of medical health professional in relation to advance directive. —(1) A medical
practitioner or a mental health professional shall not be held liable for any unforeseen consequences on
following a valid advance directive.
(2) The medical practitioner or mental health professional shall not be held liable for not following a
valid advance directive, if he has not been given a copy of the valid advance directive.
CHAPTER IV
NOMINATED REPRESENTATIVE
14. Appointment and revocation of nominated representative. —(1) Notwithstanding anything
contained in clause ( c) of sub -section (1) of section 5, every person who is not a minor, shall have a
right to appoint a nominated representative.
(2) The nomination under sub -section (1) shall be made in writing on plain paper with the person's
signature or thumb impression of the person referred to in that sub-section.
(3) The person appointed as the nominated representative shall not be a minor, be competent to
discharge the duties or perform the functions assigned to him under this Act, and give his consent in
writing to the mental health professional to discharge his duties and perform the functions assigned to
him under this Act.
(4) Where no nominated representative is appointed by a person under sub -section (1), the following
persons for the purposes of this Act in the order of precedence shall be deemed to be the nominated
representative of a person with mental illness, namely:—
(a) the individual appointed as the nominated representative in the advance directive under
clause (c) of sub-section (1) of section 5; or
(b) a relative, or if not available or not willing to be the nominated representative of such person;
or
(c) a care -giver, or if not available or not willing to be the nominated representative of such
person; or
(d) a suitable person appointed as such by the concerned Board; or
(e) if no such person is available to be appointed as a nominated representative, the Board shall
appoint the Director, Department of Social Welfare, or his designated representative, as the
nominated representative of the person with mental illness:
Provided that a person representing an organisation registered under the Societies Registration Act,
1860 (21 of 1860) or any other law for the time being in force, working for persons with mental illness,
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may temporarily be engaged by the mental health professional to discharge the duties of a nominated
representative pending appointment of a nominated representative by the concerned Board.
(5) The representative of the organisation, referred to in the provis o to sub-section (4), may make a
written application to the medical officer in-charge of the mental health establishment or the psychiatrist
in-charge of the person's treatment, and such medical officer or psychiatrist, as the case may be, shall
accept him as the temporary nominated representative, pending appointment of a nominated
representative by the concerned Board.
(6) A person who has appointed any person as his nominated representative under this section may
revoke or alter such appointment at any time in accordance with the procedure laid down for making an
appointment of nominated representative under sub-section (1).
(7) The Board may, if it is of the opinion that it is in the interest of the person with mental illness to
do so, revoke an appointment made by it under this section, and appoint a different representative under
this section.
(8) The appointment of a nominated representative, or the inability of a person with mental illness to
appoint a nominated representative, shall not be construed as the lack of capacity of the person to take
decisions about his mental healthcare or treatment.
(9) All persons with mental illness shall have capacity to make mental healthcare or treatment
decisions but may require varying levels of support from their nominated representative to make
decisions.
15. Nominated representative of minor.—(1) Notwithstanding anything contained in section 14, in
case of minors, the legal guardian shall be their nominated representative, unless the concerned Board
orders otherwise under sub-section (2).
(2) Where on an application made to the concerned Board, by a mental health professional or any
other person acting in the best interest of the minor, and on evidence presented before it, the concerned
Board is of the opinion that,—
(a) the legal guardian is not acting in the best interests of the minor; or
(b) the legal guardian is otherwise not fit to act as the nominated representative of the minor,
it may appoint, any suitable individual who is willing to act as such, the nominated representative of the
minor with mental illness:
Provided that in case no individual is available for appointment as a nominated representative, the
Board shall appoint the Director in the Department of Social Welfare of the State in which such Board is
located, or his nominee, as the nominated representative of the minor with mental illness.
16. Revocation, alteration, etc., of nominated representative by Board .—The Board, on an
application made to it by the person with mental illness, or by a relative of such person, or by the
psychiatrist responsible for the care of such person, or by the medical officer in -charge of the mental
health establishment where the individual is admitted or proposed to be admitted, may revoke, alter or
modify the order made under clause ( e) of sub -section ( 4) of section 14 or under sub -section ( 2) of
section 15.
17. Duties of nominated representative.—While fulfilling his duties under this Act, the nominated
representative shall—
(a) consider the current and past wishes, the life history, values, cultural background and the best
interests of the person with mental illness;
(b) give particular credence to the views of the person with mental illness to the extent that the
person understands the nature of the decisions under consideration;
(c) provide support to the person with mental illness in making treatment decisions under
section 89 or section 90;
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(d) have right to seek information on diagnosis and treatment to provide adequate support to the
person with mental illness;
(e) have access to the family or home based rehabilitation services as provided under clause (c) of
sub-section (4) of section 18 on behalf of and for the benefit of the person with mental illness;
(f) be involved in discharge planning under section 98;
(g) apply to the mental health establishment for admission under section 87 or section 89 or
section 90;
(h) apply to the concerned Board on behalf of the person with mental illness for discharge under
section 87 or section 89 or section 90;
(i) apply to the concerned Board against violation of rights of the person with mental illness in a
mental health establishment;
(j) appoint a suitable attendant under sub-section (5) or sub-section (6) of section 87;
(k) have the right to give or withhold consent for research under circumstances mentioned under
sub-section (3) of section 99.
CHAPTER V
RIGHTS OF PERSONS WITH MENTAL ILLNESS
18. Right to access mental health care.—(1) Every person shall have a right to access mental
healthcare and treatment from mental health services run or funded by the appropriate Government.
(2) The right to access mental healthcare and treatment shall mean mental health services of
affordable cost, of good quality, available in sufficient quantity, accessible g eographically, without
discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political
beliefs, class, disability or any other basis and provided in a manner that is acceptable to persons with
mental illness and their families and care-givers.
(3) The appropriate Government shall make sufficient provision as may be necessary, for a range of
services required by persons with mental illness.
(4) Without prejudice to the generality of range of services under sub -section (3), such services shall
include—
(a) provision of acute mental healthcare services such as outpatient and inpatient services;
(b) provision of half-way homes, sheltered accommodation, supported accommodation as may be
prescribed;
(c) provision for m ental health services to support family of person with mental illness or home
based rehabilitation;
(d) hospital and community based rehabilitation establishments and services as may be
prescribed;
(e) provision for child mental health services and old age mental health services.
(5) The appropriate Government shall,—
(a) integrate mental health services into general healthcare services at all levels of healthcare
including primary, secondary and tertiary healthcare and in all health programmes run by the
appropriate Government;
(b) provide treatment in a manner, which supports persons with mental illness to live in the
community and with their families;
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(c) ensure that the long term care in a mental health establishment for treatment of mental illness
shall be used only in exceptional circumstances, for as short a duration as possible, and only as a last
resort when appropriate community based treatment has been tried and shown to have failed;
(d) ensure that no person with mental ill ness (including children and older persons) shall be
required to travel long distances to access mental health services and such services shall be available
close to a place where a person with mental illness resides;
(e) ensure that as a minimum, mental h ealth services run or funded by Government shall be
available in each district;
(f) ensure, if minimum mental health services specified under sub-clause (e) of sub-section (4) are
not available in the district where a person with mental illness resides, th at the person with mental
illness is entitled to access any other mental health service in the district and the costs of treatment at
such establishments in that district will be borne by the appropriate Government:
Provided that till such time the service s under this sub -section are made available in a health
establishment run or funded by the appropriate Government, the appropriate Government shall make
rules regarding reimbursement of costs of treatment at such mental health establishment.
(6) The appropriate Government shall make available a range of appropriate mental health services
specified under sub-section (4) of section 18 at all general hospitals run or funded by such Government
and basic and emergency mental healthcare services shall be av ailable at all community health centres
and upwards in the public health system run or funded by such Government.
(7) Persons with mental illness living below the poverty line whether or not in possession of a below
poverty line card, or who are destitute or homeless shall be entitled to mental health treatment and
services free of any charge and at no financial cost at all mental health establishments run or funded by
the appropriate Government and at other mental health establishments designated by it.
(8) The appropriate Government shall ensure that the mental health services shall be of equal quality
to other general health services and no discrimination be made in quality of services provided to persons
with mental illness.
(9) The minimum quality stand ards of mental health services shall be as specified by regulations
made by the State Authority.
(10) Without prejudice to the generality of range of services under sub -section (3) of section 18, the
appropriate Government shall notify Essential Drug List and all medicines on the Essential Drug List
shall be made available free of cost to all persons with mental illness at all times at health
establishments run or funded by the appropriate Government starting from Community Health Centres
and upwards in the public health system:
Provided that where the health professional of ayurveda, yoga, unani, siddha, homoeopathy or
naturopathy systems recognised by the Central Government are available in any health establishment,
the essential medicines from any similar list relating to the appropriate ayurv eda, yoga, unani, siddha,
homoeopathy or naturopathy systems shall also be made available free of cost to all persons with mental
illness.
(11) The appropriate Government shall take measures to ensure that necessary budgetary provisions
in terms of adequacy, priority, progress and equity are made for effective implementation of the
provisions of this section.
Explanation.—For the purposes of sub-section (11), the expressions—
(i) “adequacy” means in terms of how much is enough to offset inflation;
(ii) “priority” means in terms of compared to other budget heads;
(iii) “equity” means in terms of fair allocation of resources taking into account the health, social
and economic burden of mental illness on individuals, their families and care-givers;
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(iv) “progress” means in terms of indicating an improvement in the State's response.
19. Right to community living.—(1) Every person with mental illness shall,—
(a) have a right to live in, be part of and not be segregated from society; and
(b) not continue to remain in a mental health establishment merely because he does not have a
family or is not accepted by his family or is homeless or due to absence of community based
facilities.
(2) Where it is not possible for a mentally ill person to live with his family or relatives, or where a
mentally ill person has been abandoned by his family or relatives, the appropriate Government shall
provide support as appropriate including legal aid and to facilitate exercising his right to fam ily home
and living in the family home.
(3) The appropriate Government shall, within a reasonable period, provide for or support the
establishment of less restrictive community based establishments including half -way homes, group
homes and the like for per sons who no longer require treatment in more restrictive mental health
establishments such as long stay mental hospitals.
20. Right to protection from cruel, inhuman and degrading treatment .—(1) Every person with
mental illness shall have a right to live with dignity.
(2) Every person with mental illness shall be protected from cruel, inhuman or degrading treatment
in any mental health establishment and shall have the following rights, namely:—
(a) to live in safe and hygienic environment;
(b) to have adequate sanitary conditions;
(c) to have reasonable facilities for leisure, recreation, education and religious practices;
(d) to privacy;
(e) for proper clothing so as to protect such person from exposure of his body to maintain his
dignity;
(f) to not be forced to undertake work in a mental health establishment and to receive appropriate
remuneration for work when undertaken;
(g) to have adequate provision for preparing for living in the community;
(h) to have adequate provision for wholesome food, sanitat ion, space and access to articles of
personal hygiene, in particular, women's personal hygiene be adequately addressed by providing
access to items that may be required during menstruation;
(i) to not be subject to compulsory tonsuring (shaving of head hair);
(j) to wear own personal clothes if so wished and to not be forced to wear uniforms provided by
the establishment; and
(k) to be protected from all forms of physical, verbal, emotional and sexual abuse.
21. Right to equality and non-discrimination.—(1) Every person with mental illness shall be treated
as equal to persons with physical illness in the provision of all healthcare which shall include the following,
namely:—
(a) there shall be no discrimination on any basis including gender, sex, sexual orientation, religion,
culture, caste, social or political beliefs, class or disability;
(b) emergency facilities and emergency services for mental illness shall be of the same quality and
availability as those provided to persons with physical illness;
(c) persons with mental illness shall be entitled to the use of ambulance services in the same manner,
extent and quality as provided to persons with physical illness;
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(d) living conditions in health establishments shall be of the same manner, extent and quality as
provided to persons with physical illness; and
(e) any other health services provided to persons with physical illness shall be provided in same
manner, extent and quality to persons with mental illness.
(2) A child under the age of three years of a woman receiving care, treatment or rehabilitation at a
mental health establishment shall ordinarily not be separated from her during her stay in such establishment:
Provided that where the treating Psychiatrist, based on his examination of the woman, and if appropriate,
on information provided by others, is of the opinion that there is risk of harm to the child from the woman
due to her mental illness or it is in the interest and safety of the child, the child shall be temporarily
separated from the woman during her stay at the mental health establishment:
Provided further that the woman shall continue to have access to the child under such supervision of the
staff of the establishment or her family, as may be appropriate, during the period of separation.
(3) The decision to separate the woman from her child shall be reviewed every fifteen days during the
woman's stay in the mental health establishment and separation shall be terminated as soon as conditions
which required the separation no longer exist:
Provided that any separation permitted as per the assessment of a mental health professional, if it
exceeds thirty days at a stretch, shall be required to be approved by the respective Authority.
(4) Every insurer shall make provision for medical insurance for treatment of mental illness on the same
basis as is available for treatment of physical illness.
22. Right to information.—(1) A person with mental illness and his nominated representative shall
have the rights to the following information, namely:—
(a) the provision of this Act or any other law for the time being in force under which he has been
admitted, if he is being admitted, and the criteria for admission under that provision;
(b) of his right to make an application to the concerned Board for a review of the admission;
(c) the nature of the person's mental illness and the proposed treatment plan which includes
information about treatment prExcerpt shown. Open the full act in Lexace.