A plain-language guide to the rights of people receiving mental health care in India, and what they mean for families.
The Mental Healthcare Act, 2017 sets out the rights of every person receiving mental health care in India. Knowing these rights helps patients and families take part in decisions with confidence.
Key rights
- Right to access mental health care that is affordable, of good quality and available without discrimination.
- Right to dignity and to protection from cruel, inhuman or degrading treatment.
- Right to confidentiality of information about one's mental health and treatment.
- Right to information about one's diagnosis, proposed treatment and its effects, in a language the person understands.
- Right to access medical records, with limited exceptions.
- Right to communicate with family and others, and to have visitors, subject to reasonable rules.
- Right to legal aid to exercise rights under the Act.
Advance directive and nominated representative
An adult can write an advance directive stating how they wish to be treated, or not treated, if they later become unable to make decisions. They can also appoint a nominated representative, a trusted person who supports their decisions during treatment.
How admission works
Most people are admitted as independent patients, by their own choice, and may ask to leave. Admission with support is allowed only in specific circumstances set by the Act, for a person who cannot make treatment decisions at that time, and with safeguards including review by the Mental Health Review Board.
Registration of centres
Mental health establishments must be registered with the State Mental Health Authority. In Kerala this is the Kerala State Mental Health Authority.
This article is general information, not legal advice. For questions about a specific situation, please speak to the treating doctor or a lawyer.
This article is general information and not a substitute for advice from a doctor who has examined you.
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