Right to Information

Every person with mental illness and their nominated representative have the right to information from the mental health professional. This includes the following information¹:

• Law on persons with mental illness under which the person has been admitted
• Criteria for admission in a mental health establishment
• Right to make an application to the Mental Health Review Board for a review of their admission
• Information related to the person’s mental illness and the treatment plan as well as the side effects and to receive the information in a comprehensible language and manner
• Right to apply to the professional² to access medical records³. The records are supposed to be provided to the person within 15 days⁴. However, specific information in the records are not provided to the person with mental illness if it will result in serious harm to him or to anyone else⁵. To get such information, the person has to apply to the Mental Health Review Board for release of the information⁶.

Giving Complete Information

It is the duty of the professional to give complete information. This information is provided during admission or at the start of the treatment.⁷:

• Ensure that full information is provided promptly to the person when they are in a position to receive it
• To give the information to the nominated representative immediately

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 lakhs⁸. You should complain against such a person, or approach the Court with the help of a lawyer.

1. Section 22(1), the Mental Healthcare Act, 2017. [↩]
2. Section 6(2), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 [↩]
3. Section 25(1),  the Mental Healthcare Act, 2017, Section 6(1), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 [↩]
4. Section 6(3), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 [↩]
5. Section 25(2), the Mental Healthcare Act, 2017 [↩]
6. Section 25(3),  the Mental Healthcare Act, 2017 [↩]
7. Section 22(2),  the Mental Healthcare Act, 2017 [↩]
8. Section 108,  the Mental Healthcare Act, 2017 [↩]