A BRIEF OVERVIEW OF SAFEGUARDING THE HUMAN RIGHTS OF PEOPLE WITH MENTAL ILLNESS DURING ADMISSION TO MENTAL HEALTH CARE FACILITIES

ABSTRACT The issues surrounding admitting and detaining mentally ill patients stem from the definition of what constitutes "mental illness." The Indian Constitution requires dignity treatment from admission to release, but balancing patients' rights and involuntary hospitalisation is complex issue. The focus should be on individual and societal well-being. Mental health patients can be admitted to a facility as independent patients, but they must have consent and be able to make decisions about their care. Minors can only be admitted if their guardian can prove their severe mental illness and failed community interventions. They must stay separately with an attendant or guardian; treatment needs consent. Supported admission requires a psychiatrist's confirmation and lasts for 30 days. Re-admission within seven days of discharge is not allowed. The Mental Healthcare Act 2017 in India recognises caregivers' vital role in admitting and treating mental illness, but many cases show relatives misusing this provision, leading to forcible institutionalisation. Fair procedures are essential to protect the rights of mentally ill persons during admission to mental health care centres. Keywords: Admission, mentally ill persons, protection of human rights