Right to Communication

Last updated on Jun 16, 2022

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 []

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Rights of Persons with Mental Illness

Persons with mental illness have certain rights under the Mental Healthcare Act, 2017, so as to safeguard them from discrimination and harm.

Obtaining Information About Medical Records or Reports

Patients have the right to obtain authentic information regarding their medical condition, method of treatment and options for treatment.

Workplace Guide for Persons with Disabilities

The Nyaaya Guide for Persons with Disabilities at the Workplace helps persons with disabilities (PwDs) understand their employment rights and associated remedies. 

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.

Right to Confidentiality, Dignity and Privacy

All medical professionals have to maintain the highest level of confidentiality regarding the private details of the patient.