The Mental Healthcare Act, 2017

THE MENTAL HEALTHCARE ACT, 2017
NO. 10 OF 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 December, 2006 at United Nations Headquarters in
New York and came into force on the 3rd May, 2008;
A
ND 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.  (1) This Act may be called the Mental Healthcare Act, 2017.
(2) It shall extend to the whole of India.
Short title,
extent and
commence-
ment.
[7th April, 2017.]
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EXTRAORDINARY
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—17
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 7th  April, 2017/Chaitra 17, 1939  (Saka)
The following Act of  Parliament received the assent of the President on the
7th  April, 2017, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(3) It shall come into force on such date 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. (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;
(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; 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 and approved and recognised by the
Rehabilitation Council of India Act, 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
Definitions.
3 of 1956.
34 of 1992.
34 of 1992.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
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, 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 Indian Medical Council Act,
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, 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, 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 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, either 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;
2 of 1974.
102 of 1956.
48 of 1970.
59 of 1973.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(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 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 development 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 the University Grants Commission established
under the University Grants Commission Act, 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, or
awarded or recognised by the National Board of Examinations and included in the First
Schedule to the Indian Medical Council Act, 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 mental illness by
blood, marriage or adoption;
(zb) “State Authority” means the State Mental Health Authority established
under section 45.
(2) The words and expressions used and not defined in this Act but defined in the
Indian Medical Council Act, 1956 or the Indian Medicine Central Council Act, 1970 and not
inconsistent with this Act shall have the meanings respectively assigned to them in those
Acts.
38 of 1947.
3 of 1956.
102 of 1956.
102 of 1956.
48 of 1970.
3 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
CHAPTER  II
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
3. ( 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. (1)  Every person, including a person with mental illness shall be deemed to have
capacity to make decisions regarding 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 decision 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
A
DV ANCE DIRECTIVE
5. (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;
Capacity to
make mental
healthcare
and treatment
decisions.
Advance
directive.
Determination
of mental
illness.
6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(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. An advance directive shall be made in the manner as may be specified by the
regulations made by the Central Authority.
7.  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. (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. The advance directive shall not apply to the emergency treatment given under
section 103 to a person who made the advance directive.
10.  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. (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 professional 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
Manner of
making
advance
directive.
Maintenance
of online
register.
Revocation,
amendment
or cancella-
tion of
advance
directive.
Advance
directive not
to apply to
emergency
treatment.
Duty to
follow
advance
directive.
Power to
review, alter,
modify or
cancel
advance
directive.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(e) whether the content of the advance directive is contrary to other laws or
constitutional provisions.
(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 practitioner 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. (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. (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
N
OMINA TED REPRESENTATIVE
14. (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:
Review of
advance
directives.
Liability of
medical
health
professional
in relation to
advance
directive.
Appoint-
ment and
revocation
of nominated
representa-
tive.
8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
Provided that a person representing an organisation registered under the Societies
Registration Act, 1860 or any other law for the time being in force, working for persons with
mental illness, 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 proviso 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. (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.  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. 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;
21 of 1860.
Nominated
representative
of  minor.
Revocation,
alteration, etc.,
of nominated
representative
by Board.
Duties of
nominated
representative.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(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;
(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. (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
geographically, 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 mental 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
Right to
access mental-
health care.
10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
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;
 (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 illness (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 health 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, that 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 services 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
available 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 standards 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 ayurvada, yoga, unani, siddha, homoeopathy or naturopathy systems shall also
be made available free of cost to all persons with mental illness.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(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;
(iv) “progress” means in terms of indicating an improvement in the State’s
response.
19.  (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 family 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 persons who no longer require treatment in more
restrictive mental health establishments such as long stay mental hospitals.
20. (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, sanitation, 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
Right to com-
munity living.
Right to
protection
from cruel,
inhuman and
degrading
treatment.
12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(k) to be protected from all forms of physical, verbal, emotional and sexual
abuse.
21. (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;
(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. (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 proposed and the known side effects of
the proposed treatment;
(d) receive the information in a language and form that such person receiving the
information can understand.
Right to
equality and
non- discrimi-
nation.
Right to
information.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(2) In case complete information cannot be given to the person with mental illness at
the time of the admission or the start of treatment, it shall be the duty of the medical officer or
psychiatrist in-charge of the person’s care to ensure that full information is provided promptly
when the individual is in a position to receive it:
Provided that where the information has not been given to the person with mental
illness at the time of the admission or the start of treatment, the medical officer or psychiatrist
in charge of the person’s care shall give the information to the nominated representative
immediately.
23. (1) A person with mental illness shall have the right to confidentiality in respect of
his mental health, mental healthcare, treatment and physical healthcare.
(2) All health professionals providing care or treatment to a person with mental illness
shall have a duty to keep all such information confidential which has been obtained during
care or treatment with the following exceptions, namely:––
(a) release of information to the nominated representative to enable him to fulfil
his duties under this Act;
(b) release of information to other mental health professionals and other health
professionals to enable them to provide care and treatment to the person with mental
illness;
(c) release of information if it is necessary to protect any other person from harm
or violence;
(d) only such information that is necessary to protect against the harm identified
shall be released;
(e) release only such information as is necessary to prevent threat to life;
(f) release of information upon an order by concerned Board or the Central
Authority or High Court or Supreme Court or any other statutory authority competent
to do so; and
(g) release of information in the interests of public safety and security.
24. (1) No photograph or any other information relating to a person with mental illness
undergoing treatment at a mental health establishment shall be released to the media without
the consent of the person with mental illness.
(2) The right to confidentiality of person with mental illness shall also  apply to all
information stored in electronic or digital format in real or virtual space.
25. (1) All persons with mental illness shall have the right to access their basic medical
records as may be prescribed.
(2) The mental health professional in charge of such records may withhold specific
information in the medical records if disclosure would result in,––
(a) serious mental harm to the person with mental illness; or
(b) likelihood of harm to other persons.
(3) When any information in the medical records is withheld from the person, the
mental health professional shall inform the person with mental illness of his right to apply to
the concerned Board for an order to release such information.
Right to
confiden-
tiality.
Restriction on
release of
information
in respect of
mental illness.
Right to
access
medical
records.
14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
26. (1) A person with mental illness admitted to a mental health establishment shall
have the right to refuse or receive visitors and to refuse or receive and make telephone or
mobile phone calls at reasonable times subject to the norms of such mental health
establishment.
(2) A person with mental illness admitted in a mental health establishment may send
and receive mail through electronic mode including through e-mail.
(3) Where a person with mental illness informs the medical officer or mental health
professional in charge of the mental health establishment that he does not want to receive
mail or email from any named person in the community, the medical officer or mental health
professional in charge may restrict such communication by the named person with the
person with mental illness.
(4) Nothing contained in sub-sections (1) to (3) shall apply to visits from, telephone
calls to, and from mail or e-mail to, and from individuals, specified under clauses (a) to (f)
under any circumstances, namely:––
(a) any Judge or officer authorised by a competent court;
(b) members of the concerned Board or the Central Authority or the State Authority;
(c) any member of the Parliament or a Member of State Legislature;
(d) nominated representative, lawyer or legal representative of the person;
(e) medical practitioner in charge of the person’s treatment;
(f) any other person authorised by the appropriate Government.
27.  (1) A person with mental illness shall be entitled to receive free legal services to
exercise any of his rights given under this Act.
(2) It shall be the duty of magistrate, police officer, person in charge of such custodial
institution as may be prescribed or medical officer or mental health professional in charge of
a mental health establishment to inform the person with mental illness that he is entitled to
free legal services under the Legal Services Authorities Act, 1987 or other relevant laws or
under any order of the court if so ordered and provide the contact details of the availability
of services.
28. (1) Any person with mental illness or his nominated representative, shall have the
right to complain regarding deficiencies in provision of care, treatment and services in a
mental health establishment to,—
(a) the medical officer or mental health professional in charge of the establishment
and if  not satisfied with the response;
(b) the concerned Board and if  not satisfied with the response;
(c) the State Authority.
(2) The provisions for making complaint in sub-section (1), is without prejudice to the
rights of the person to seek any judicial remedy for violation of his rights in a mental health
establishment or by any mental health professional either under this Act or any other law for
the time being in force.
CHAPTER VI
D
UTIES OF APPROPRIA TE GOVERNMENT
29. (1) The appropriate Government shall have a duty to plan, design and implement
programmes for the promotion of mental health and prevention of mental illness in the
country.
Right to
personal
contacts and
communica-
tion.
Right to legal
aid.
39 of 1987.
Right to
make
complaints
about
deficiencies in
provision of
services.
Promotion of
mental health
and preventive
programmes.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(2) Without prejudice to the generality of the provisions contained in sub-section (1),
the appropriate Government shall, in particular, plan, design and implement public health
programmes to reduce suicides and attempted suicides in the country.
30.  The appropriate Government shall take all measures to ensure that,—
(a) the provisions of this Act are given wide publicity through public media,
including television, radio, print and online media at regular intervals;
(b) the programmes to reduce stigma associated with mental illness are planned,
designed, funded and implemented in an effective manner;
(c) the appropriate Government officials including police officers and other officers
of the

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