Rights of Persons with Mental Illness under Mental Healthcare Act, 2017

Rights of Persons with Mental Illness under Mental Healthcare Act, 2017

Rights of Persons with Mental Illness under Mental Healthcare Act, 2017

The Mental Healthcare Act 2017 is an important piece of legislation in India that aims to protect and promote the rights of persons with mental illness. It provides several rights and safeguards for individuals with mental illness to ensure their dignity and well-being. Here are some of the key rights of persons with mental illness as per the Mental Healthcare Act 2017:

Right to Access Mental Healthcare:

Every person has the right to access mental healthcare and treatment from mental health services run or funded by the government.
Right to Quality Mental Healthcare:

Persons with mental illness have the right to receive mental healthcare and treatment that is of good quality and provided in an ethical and humane manner.
Right to Informed Consent:

Individuals have the right to make decisions regarding their treatment and care. Informed consent must be obtained before any treatment or procedure is initiated.
Right to Confidentiality:

The Act mandates the confidentiality of mental health information. Healthcare providers are required to keep patient information private and disclose it only with the patient’s consent or when required by law.
Right to Be Treated with Dignity and Respect:

Persons with mental illness have the right to be treated with dignity, respect, and without any form of discrimination or stigma.
Right to Legal Aid:

Persons with mental illness have the right to access legal aid and representation, especially when their rights are being violated or in cases related to involuntary admission or treatment.
Right to Make Advance Directives:

Individuals can make advance directives specifying their preferences for treatment and care in case they lose the capacity to make decisions in the future.

Right to Community Living:

The Act promotes community-based rehabilitation and living arrangements for individuals with mental illness, aiming to reduce institutionalization.

Right to Review of Admission and Treatment:

Persons admitted involuntarily to mental health facilities have the right to a periodic review of their admission and treatment plans.

Legal Aid: Access to legal aid and representation is provided for individuals, especially in cases of rights violations or involuntary admission.

Advance Directives: Individuals can make advance directives specifying their treatment preferences in case they lose decision-making capacity.

These rights are essential in protecting the well-being and dignity of persons with mental illness and ensuring that they receive appropriate and humane treatment and care. The Mental Healthcare Act 2017 also establishes mechanisms for the regulation and oversight of mental health services to ensure compliance with these rights and safeguards.