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LEGAL RIGHTS

Your Legal Rights Under the Mental Healthcare Act, 2017

The Mental Healthcare Act, 2017, is designed to protect the rights of individuals with mental illnesses and ensure they receive proper care and treatment. Here’s what you need to know about your legal rights.

1. Your Right to Mental Healthcare

  • You have the right to access affordable and good-quality mental healthcare services.

  • Government hospitals and registered private facilities must provide mental health services.

  • No one can deny you treatment because of financial reasons.

2. Right to Live with Dignity & Without Discrimination

  • You have the right to be treated with respect, like any other person.

  • You cannot be discriminated against based on your mental health condition.

  • You have the right to privacy and confidentiality about your mental health status.

3. Right to Make Decisions About Your Treatment

  • You can make decisions about your mental health treatment.

  • You have the right to refuse treatment unless in exceptional situations (like immediate danger to self or others).

  • You can create an "Advance Directive," which tells doctors how you want to be treated in the future.

4. Rights of Caregivers & Family Members

  • Your family members or nominated representatives can help in making treatment decisions if you are unable to do so.

  • They must be consulted before any major medical decisions are made.

5. Admission, Treatment & Discharge from Mental Health Facilities

  • Voluntary Admission: You can seek admission for treatment on your own.

  • Supported Admission: If you cannot make decisions yourself, a nominated representative can assist in the process.

  • Right to be Discharged: You cannot be held in a mental health facility against your will if you are fit for discharge.

6. Right to Protection from Cruelty & Inhumane Treatment

  • Electroconvulsive therapy (ECT) without anesthesia is banned.

  • You cannot be subjected to solitary confinement or physical restraints unless absolutely necessary.

  • You have the right to complain if you are mistreated.

7. Right to Access Legal Aid & Complain Against Violations

  • If your rights are violated, you can complain to the Mental Health Review Board (MHRB).

  • You have the right to free legal aid to help you understand and fight for your rights.

8. Decriminalization of Suicide

  • If you attempt suicide, you cannot be punished. Instead, you have the right to receive mental health support and care.

What to Do If Your Rights Are Violated?

  • Speak to a trusted family member, friend, or caregiver.

  • Contact the Mental Health Review Board (MHRB) to file a complaint.

  • Seek legal help through free legal aid services.

  • Reach out to mental health NGOs and advocacy groups for guidance and support.

For more details, visit Ministry of Health and Family Welfare or consult a mental health professional.

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We are committed to ensuring that every individual experiencing a mental health challenge receives the support, care, and respect they deserve.

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