The January, February and March issues of MAGNET discussed mental health and mental illness in series of articles. In this article, we present the rights of mentally ill persons. Like every other citizen, they have certain legal rights, which we will do well to know, especially if we are caring for a mentally ill relative or community member or if our institution looks after persons will mental illness. Further, as other articles in this magazine have highlighted, any of us can be affected by mental illness, just as we can fall physically ill. No one is assured a life without ailments.. –Editor
Here are the basic legal rights of mental ill persons.
- Right to make an “Advance Directive” (AD)
By law, every medical officer is bound to provide persons with mental illness adequate treatment in line with what is called “Advance Directive” (AD).
Every person who is not a minor has the right to make an AD in writing, stating the way s/he wants or does not want to be treated in case of mental illness. In the case of minors, their legal guardian can make this statement.
It shall be made in the manner specified by regulations by the Central Authority, and it may be revoked, amended or cancelled by the person who made it at any time. The AD shall not apply to the emergency treatment given under section 103 of the Act to a person who made the AD.
Medical Practitioners or Mental Health Professionals shall not be held liable for any unforeseen consequences on following a valid AD. They shall also not be held liable for not following a valid AD, if they had not been given a copy of the valid AD.
- Right to Nominate a Representative
Every person who is not a minor shall have the right to appoint a nominated representative in writing. Where no nominated representative is appointed, the legal guardian shall be their nominated representative unless the concerned Board orders otherwise. The nominated representative shall consider the current and past wishes, the life history, values, cultural background and the best interests of the person with mental illness.
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Fr Ravi Sagar SJ
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