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Chapter VIII

Protection of Human Rights of Mentally ill Persons

81. Mentally ill persons to be treated without violation of human rights.-

(1) No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or cruelty.

(2) No mentally ill person under treatment shall be used for purposes of research, unless-

(i) such research is of direct benefit to him for purposes of diagnosis or treatment; or

(ii) such person, being a voluntary patient has given his consent in writing or where such person (whether or not a voluntary patient) is incompetent, by reason of minority or otherwise, to give valid consent, the guardian or other person competent to give consent on his behalf, has given his consent in writing for such research.

(3) Subject to any rules made in this behalf under section 94 for the purpose of preventing vexatious or defamatory communications or communications prejudicial to the treatment of mentally ill persons, no letters or other communications sent by or to a mentally ill persons under treatment shall be intercepted, detained or destroyed.

Mental Health Act, 1987 Back

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