Mental Health Rights in Delhi
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Mental Healthcare Act, 2017 is India's landmark legislation that gives persons with mental illness comprehensive rights to care and treatment.
- Right to access mental healthcare: Every person has the right to access mental healthcare from government-run mental health services — including outpatient, inpatient, and community-based services.
- Right to dignity: Persons with mental illness have the right to be treated with dignity — physical restraints, isolation, and aversion therapy are banned unless in exceptional circumstances defined by the Act and authorised by a Mental Health Review Board (MHRB).
- Advance Directive: A person with mental illness (when they have capacity) can make an advance directive specifying how they wish to be treated during a mental health crisis and who their Nominated Representative is.
- Nominated Representative: Every person has the right to appoint a person (family member, friend) as their Nominated Representative who can make decisions on their behalf during incapacity.
- Confidentiality: Mental health records and information about a person's mental health condition are strictly confidential — disclosure without consent is prohibited.
- Suicide attempt decriminalised: The BNS 2023 did not carry forward IPC s. 309 (attempt to commit suicide). Under MHCA s. 115, a person who attempts suicide is presumed to be under severe mental stress and shall not be tried or punished under any law — the state must provide care and rehabilitation instead.
- Right to live in community: Persons with mental illness have the right to live in the community, not to be institutionalised indefinitely without a review board order.
When does it apply?
- You or a family member has a mental health condition and is being treated in a way that violates dignity or without informed consent.
- A person with mental illness has been admitted to a psychiatric facility and you believe the admission is unjustified.
- You want to make an Advance Directive for future mental health crises.
What to Do If Mental Healthcare Rights Are Being Violated in India
- Contact the iCall helpline (9152987821) run by TISS (Tata Institute of Social Sciences) — provides free, confidential mental health counselling.
- Contact the National Mental Health Helpline: iMHANS 08046110007 or the Vandrevala Foundation helpline: 1860-2662-345.
- If you believe a family member with mental illness is being improperly institutionalised, file an application before the Mental Health Review Board (MHRB) of your state — the MHRB can review admission decisions.
- To make an Advance Directive, follow the procedure under MHCA (written, signed before two witnesses and a Magistrate, registered).
What should you NOT do?
- Do not have a person with mental illness forcibly admitted without following the MHCA procedures — unlawful institutionalisation is a violation of Article 21 and the MHCA.
- Do not disclose a person's mental health condition without their consent — confidentiality violations can be the basis of a complaint to the State Mental Health Authority.
- Do not ignore a person in a mental health crisis — attempted suicide is not punishable; the person needs care, not criminal prosecution.
How Delhi differs from central law
Delhi has significant mental health infrastructure, including the country's premier mental health institution, and the Mental Healthcare Act, 2017 is actively implemented.
- The Institute of Human Behaviour and Allied Sciences (IHBAS) in Dilshad Garden is Delhi's nodal institution for mental health. It provides inpatient and outpatient psychiatric care, de-addiction services, and is designated as the State Mental Health Authority for Delhi.
- Under the Mental Healthcare Act, 2017, every person in Delhi has the right to access affordable mental healthcare at government facilities. The Delhi Government is required to integrate mental health services into the primary healthcare system, including Mohalla Clinics.
- The Delhi State Mental Health Authority (DSMHA) registers all mental health establishments in Delhi, monitors care standards, and handles complaints. Private psychiatric hospitals and rehabilitation centres in Delhi must be registered with the DSMHA.
- Every person has the right to make an Advance Directive specifying their treatment preferences in case of future mental illness. The Advance Directive must be registered with the DSMHA (Mental Healthcare Act, s. 5).
- Admission to a mental health establishment without consent (supported admission) requires specific safeguards and must be reviewed by the Mental Health Review Board constituted for Delhi.
Additional Steps in Delhi
For mental health services, visit IHBAS (Dilshad Garden) or the psychiatry department of any major Delhi Government hospital. For complaints about mental health establishments, contact the Delhi State Mental Health Authority. To register an Advance Directive, apply to the DSMHA. For de-addiction services, IHBAS operates a dedicated de-addiction centre. The Vandrevala Foundation helpline (9999 666 555) and iCall (9152987821) provide 24/7 mental health support.
Relevant Law: Mental Healthcare Act, 2017; Delhi State Mental Health Authority notifications; Institute of Human Behaviour and Allied Sciences (IHBAS) Act/Rules
Common Questions
When does mental health rights apply?
You or a family member has a mental health condition and is being treated in a way that violates dignity or without informed consent.A person with mental illness has been admitted to a psychiatric facility and you believe the admission is unjustified.You want to make an Advance Directive for future mental health crises.
What should I do if a family member with mental illness is being forcibly admitted to a facility without following proper procedure in India?
Contact the iCall helpline (9152987821) run by TISS (Tata Institute of Social Sciences) — provides free, confidential mental health counselling.Contact the National Mental Health Helpline: iMHANS 08046110007 or the Vandrevala Foundation helpline: 1860-2662-345.If you believe a family member with mental illness is being improperly institutionalised, file an application before the Mental Health Review Board (MHRB) of your state — the MHRB can review admission decisions.To make an Advance Directive, follow the procedure under MHCA (written, signed before two witnesses and a Magistrate, registered...
What mistakes should I avoid with mental health rights?
Do not have a person with mental illness forcibly admitted without following the MHCA procedures — unlawful institutionalisation is a violation of Article 21 and the MHCA.Do not disclose a person's mental health condition without their consent — confidentiality violations can be the basis of a complaint to the State Mental Health Authority.Do not ignore a person in a mental health crisis — attempted suicide is not punishable; the person needs care, not criminal prosecution.
Mental Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.