- #HGCREATORS
- #HGEXPLORE
- #HGVOICES
- #HGSHOP
- CAREERS
- ABOUT US
- CONTACT US
The state of the conversation around mental health in India remains dynamic, to say the least. Social media played an important part to bring it to the fore. However, a large part of the population is struggling to understand the very concept of mental health.
One of the lesser-known efforts towards giving mental health the importance it deserves is the Mental Healthcare Act 2017. While the bill was introduced in the Rajya Sabha in 2013, it was passed only in March 2017.
Simply put, this Act outlines the definitions and procedures of mental health care in India. It covers the rights of people suffering from mental illnesses, so as to extensively make the process easier for them, with minimal difficulties from the authorities and practitioners.
Here are a few brief points of the Mental Healthcare Act 2017 to keep in mind, so as to be aware of your rights as a mental health patient.
I. The Right To No Discrimination
According to the Act, the mental illness of a person must not be based on their political, economic or social status. Their culture, race, gender, sex, sexual orientation, disability, social status or religious group and belief, or the non-conformity to the same must not be used to validate or invalidate the mental illness, either.
II. The Right To Advance Directive
Advance directive refers to the way the treatment of the mental health illness will progress, the Act states that every person has the right to make an advance directive in writing that specifies the way they wish to, or do not wish to be treated.
III. The Right To Access
Services surrounding mental health care are meant to be ‘of affordable cost, of good quality, available in sufficient quantity and accessible geographically, without discrimination’ as per the Act. It also states that the concerned Government must, as a minimum, run or fund mental health services in each district.
IV. The Right To Insurance
Given the expensive nature of mental health care, the Act states that ‘every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is available for the treatment of physical illness.’
V. The Right To Confidentiality & Medical Records
Similar to treatments of physical ailments, mental health patients have a right to choose to keep information about their illness and treatments confidential from any other individual, with the exception of situations where there might be danger to one’s life, or might cause harm to other individuals. Every person also has the right to access their medical records to track their progress, switch practitioners, or simply to stay informed.
V. The Right To Community Living & Protection From Degrading Treatment
Every person has the ‘right to live in, be part of and not be segregated from society.’ One must not continue living in a mental health establishment because of avoidable reasons. Rights such as living with dignity, sanitary surroundings, privacy, leisure, and recreation must not be compromised.
VI. The Right To Equality
Mental health illnesses must be treated with the same urgency and care as physical illnesses. The Act also states that ‘emergency facilities and emergency services for mental illness shall be of the same quality and availability as those provided to persons with physical illness.’
The Mental Healthcare Act 2017 is yet to prove its worth on-ground. However, at the minimum, we hope that it reminds the masses of the existence, importance and grave effects of mental health, and that going forward, incompetencies pertaining to its treatment may be held accountable.
You may read the entire report here.
If you enjoyed reading this article, we suggest you also read:
