Right to Live with Dignity

Every person with a mental illness has a right to live with dignity.¹. In other words, persons are protected from cruel, inhuman or degrading treatment in any mental health establishment.

This includes the following rights like²:

• Living in a safe and hygienic environment
• Sanitary conditions and provisions for sanitation, space and articles of personal hygiene.  For instance, women should be provided with items required during menstruation.
• Facilities for leisure, recreation and education. This includes practising one’s own religion
• Privacy
• Proper clothing
• Not doing any forced work in a mental health establishment
• Receiving payment for whatever work  has been done
• Provision for preparing for living in the community
• Adequate and wholesome food
•  Preventing the compulsory shaving of head hair. In other words, the right to stop any cruel, inhuman or degrading treatment, and to live with dignity
• Wearing one’s own personal clothes, according to one’s wishes. In other words, not wearing the uniforms provided by the mental health establishment
• Protection from all forms of physical, verbal, emotional and sexual abuse.

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 lakhs³. You should complain against such a person, or approach the Court with the help of a lawyer.

1. Section 20(1), the Mental Healthcare Act, 2017 [↩]
2. Section 20(1),  the Mental Healthcare Act, 2017 [↩]
3. Section 108,  the Mental Healthcare Act, 2017 [↩]