Disability rights (Rights of persons with disabilities act & National trust act) and mental healthcare act report

The National Human Rights Commission released the Disability Rights and Mental Healthcare Act report in 2022.  MARG and Prashansa Pandey wrote the content for the RPwD Act. Dr. Seemi Azam and Ms. Smriti Pandey developed sections on the Mental Healthcare Act. 

The right of persons with disability act was enacted in 2016 and enforced in 2017. Its main objective was to ensure a dignified life with equal opportunities for disabled individuals. 

The mental health care act was passed in 2017 and enacted in 2018. It provides rights to people to access healthcare including mental healthcare. The act focuses on providing mental health assistance access to all. 

The disability rights and mental health care act report provides a complete overview of both the acts. With special focus on each provision. 

Highlights of the disability rights and mental healthcare act report

1. Rights Guaranteed under RPwD act

• Right to dignity, equality, and respect for integrity
• Right of women and children with disability
• Right to live in communities
• Protection from torture, cruel, inhuman, and degrading treatment. 
• Protection from violation, exploitation and abuse
• Equal protection and safety from risk, armed conflicts, humanitarian emergencies and natural disasters.
• Children with disability cannot be separated from parents
• Right to reproductivity
• Right to cast vote
• Addressal of challenges faced during accessing justice system
• Legal rights
• Limited guardian appointment
• High support

2. Right of people according to Mental Healthcare Act are:

• Right to access mental healthcare
• Right to information
• Right to access mental health records
• Right to non discrimination and equality
• Confidentiality and restriction on release of information related to mental illness
• Free legal aid
• Make complaints about deficiencies and provision of service
• Protection from inhuman treatment
• Capacity to make healthcare and treatment decisions
• Advance directive.

Read entire report here: