Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights
1. A right to be admitted, treated and taken care of in a Psychiatric hospital or Psychiatric nursing home or convalescent home established or maintained by the Government or any other person for the treatment and care of mentally ill persons. (other than general hospitals , or nursing homes of the Government).
2. Even mentally ill prisoners and minors have a right of treatment in Psychiatric hospitals or Psychiatric nursing homes of the Government.
3. Minors who are under the age of 16 years, those persons who are addicted to alcohol or other drugs which lead to behavioral changes and those convicted of any offence are , entitled to admission, treatment and care in separate Psychiatric hospitals or nursing , homes established or maintained by the Government.
4. Mentally ill persons have the right to have regulated, directed and co-ordinated mental health services from the Government which through the Central Authority and the State Authorities set up under the Act have the responsibility of such regulation and issue of licenses for establishing and maintaining Psychiatric hospitals and nursing homes.
5. Treatment at Government hospitals and nursing homes mentioned above can be had either as in patient or as out-patients.
6. Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and minors can seek admission through their guardians. Admission can be sought for by relatives of mentally ill persons on behalf of the latter. Applications can also be made to the local magistrate for grant of reception orders.
7. The police have an obligation to take into protective custody a wandering or neglected mentally ill person and inform his relative and have to produce such person before the local magistrate for issue of reception orders.
8. Mentally ill persons have the right to be discharged when cured and entitled to 'leave' in accordance with the provisions in the Act.
9. Where mentally ill persons own properties including land which they cannot themselves manage, the District Court upon application has to protect and secure the management of such properties by entrusting the same to a Court of Wards, by appointing guardians of such mentally ill persons or appointment of managers of such property.
10. The costs of maintenance of mentally ill persons detained as in-patient in any Government Psychiatric hospital or nursing home shall be borne by the State Government concerned unless such costs have been agreed to be borne by the relative or other person on behalf of the mentally ill person and Do provision for such maintenance has been made by order of the District Court. Such costs can also be borne out of the estate of the mentally ill person.
11. Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether physical or mental) or cruelty. Nor can such mentally ill person be used for purposes of research except for his diagnosis or treatment or with his consent.
12. Mentally ill persons who are entitled to any pay, pension, gratuity or any allowance from the Government (such as Government servants who become mentally ill during their tenure) are not to be denied such payments. The person who is in-charge of such mentally ill person or his dependants will receive such payments after the Magistrate has certified the same.
13. A mentally ill person shall be entitled to the services of legal practitioner by order of the Magistrate or District Court if he has no means to engage a legal practitioner or his circumstances so warrant in respect of proceedings under the Act.