Section 22 in The Mental Healthcare Act 2017

Title: Right to information

Description: (1) A person with mental illness and his nominated representative shall have the rights to the following information, namely:— (a) the provision of this Act or any other law for the time being in force under which he has been admitted, if he is being admitted, and the criteria for admission under that provision; (b) of his right to make an application to the concerned Board for a review of the admission; (c) the nature of the person's mental illness and the proposed treatment plan which includes information about treatment proposed and the known side effects of the proposed treatment; (d) receive the information in a language and form that such person receiving the information can understand. (2) In case complete information cannot be given to the person with mental illness at the time of the admission or the start of treatment, it shall be the duty of the medical officer or psychiatrist in-charge of the person's care to ensure that full information is provided promptly when the individual is in a position to receive it: Provided that where the information has not been given to the person with mental illness at the time of the admission or the start of treatment, the medical officer or psychiatrist in charge of the person's care shall give the information to the nominated representative immediately.

Title: Right to confidentiality

Description: (1) A person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment and physical healthcare. (2) All health professionals providing care or treatment to a person with mental illness shall have a duty to keep all such information confidential which has been obtained during care or treatment with the following exceptions, namely:— (a) release of information to the nominated representative to enable him to fulfil his duties under this Act; (b) release of information to other mental health professionals and other health professionals to enable them to provide care and treatment to the person with mental illness; (c) release of information if it is necessary to protect any other person from harm or violence; (d) only such information that is necessary to protect against the harm identified shall be released; (e) release only such information as is necessary to prevent threat to life; (f) release of information upon an order by concerned Board or the Central Authority or High Court or Supreme Court or any other statutory authority competent to do so; and (g) release of information in the interests of public safety and security.

Title: Restriction on release of information in respect of mental illness

Description: (1) No photograph or any other information relating to a person with mental illness undergoing treatment at a mental health establishment shall be released to the media without the consent of the person with mental illness. (2) The right to confidentiality of person with mental illness shall also apply to all information stored in electronic or digital format in real or virtual space.

Title: Right to access medical records

Description: (1) All persons with mental illness shall have the right to access their basic medical records as may be prescribed. (2) The mental health professional in charge of such records may withhold specific information in the medical records if disclosure would result in,— (a) serious mental harm to the person with mental illness; or (b) likelihood of harm to other persons. (3) When any information in the medical records is withheld from the person, the mental health professional shall inform the person with mental illness of his right to apply to the concerned Board for an order to release such information.

Title: Right to personal contacts and communication

Description: (1) A person with mental illness admitted to a mental health establishment shall have the right to refuse or receive visitors and to refuse or receive and make telephone or mobile phone calls at reasonable times subject to the norms of such mental health establishment. (2) A person with mental illness admitted in a mental health establishment may send and receive mail through electronic mode including through e-mail. (3) Where a person with mental illness informs the medical officer or mental health professional in charge of the mental health establishment that he does not want to receive mail or e-mail from any named person in the community, the medical officer or mental health professional in charge may restrict such communication by the named person with the person with mental illness. (4) Nothing contained in sub-sections (1) to (3) shall apply to visits from, telephone calls to, and from mail or e-mail to, and from individuals, specified under clauses (a) to (f) under any circumstances, namely:— (a) any Judge or officer authorised by a competent court; (b) members of the concerned Board or the Central Authority or the State Authority; (c) any member of the Parliament or a Member of State Legislature; (d) nominated representative, lawyer or legal representative of the person; (e) medical practitioner in charge of the person's treatment; (f) any other person authorised by the appropriate Government.