Right to Communication

Every person with mental illness who is admitted has the right to communication¹. This means the right to:

• Refuse or receive visitors
• Refuse or receive and make phone calls subject to the rules of the mental health establishment
• Send and receive emails².

Additionally, the right to communication also means that the person does not have to communicate with certain people if they so wish.  They may inform the mental health professional in-charge, whose duty it is to restrict such communication. However, this right does not apply in certain cases. They cannot restrict communication if it is from³:

• Any Judge or officer authorised by a court
• Members of the authorities i.e. Mental Health Review Board, the Central Authority or the State Authority
• Any member of Parliament or a Member of State Legislature
• Nominated representative or legal representative of the person
• Medical professional in charge of the person’s treatment
• Any other person authorised by the Government.

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs⁴. You should complain against such a person, or approach the Court with the help of a lawyer.

1. Section 26(1), the Mental Healthcare Act, 2017. [↩]
2. Section 26(2), the Mental Healthcare Act, 2017. [↩]
3. Section 26(3), the Mental Healthcare Act, 2017. [↩]
4. Section 108, the Mental Healthcare Act, 2017. [↩]