With Chandigarh Mental Healthcare Rules 2026 in place, persons with mental illness will now be able to decide in advance how they want to be treated and whom they want to appoint as their nominated representative. According to the rules, the government will be liable to establish halfway homes, rehabilitation centres for the mental healthcare services required for persons with mental illness.
Eight years after the Mental Healthcare Act, 2017, came into force, the UT administration issued an e-notification regarding Chandigarh Mental Healthcare (Rights of Persons with Mental Illness) Rules 2026 on July 20 in compliance with the Punjab and Haryana high court’s directions.
Though the Mental Healthcare Act 2017 came into effect on July 7, 2018, Chandigarh did not have its own rules framed till now. ‘With UT rules notified, the process of formation of UT/Chandigarh Mental Health Authority (SMHA) and Mental Health Review Board (MHRB) will be started simultaneously along with process of publication of rules’, said a medical official.
All mental health establishments and professionals will be required to be registered with the State/UT Mental Health Authority and it will be specifying the minimum standards to run such establishments. A person with mental illness can take his/her grievances to the Mental Health Review Board that will be chaired by a district-level judge and other members.
The Mental Healthcare Act provides a legal framework for management and treatment of persons with mental illness and regulation of such hospitals and centres. “Compared to the Mental Healthcare Act of 1987, the Act of 2017 has more patient safeguards in terms of treatment, admission and discharge. By explicitly mentioning provisions for halfway homes, sheltered accommodation, right to access medical records, it has become obligatory for the government to follow these norms which were not mentioned in detail in the previous Act,” said Dr Shubh Mohan Singh, additional professor at psychiatry department of PGIMER.
{{/usCountry}}The Mental Healthcare Act provides a legal framework for management and treatment of persons with mental illness and regulation of such hospitals and centres. “Compared to the Mental Healthcare Act of 1987, the Act of 2017 has more patient safeguards in terms of treatment, admission and discharge. By explicitly mentioning provisions for halfway homes, sheltered accommodation, right to access medical records, it has become obligatory for the government to follow these norms which were not mentioned in detail in the previous Act,” said Dr Shubh Mohan Singh, additional professor at psychiatry department of PGIMER.
{{/usCountry}}Dr Ajeet Sidana, head of psychiatry department, GMCH, Sector 32, explained that under Section 5 of the Act of 2017, recovered patients can prepare an advance directive, describing how they wish to be cared for and treated for their mental illness and the individual he/she wants to appoint his/her nominated representative.
Dr Sidana further explained the rules emphasise that all admissions in a mental health establishment of a mentally ill person as far as possible should be with his/her consent, that is called independent admission as per Section 86 of the Act. When the person is not well and cannot take a decision regarding medical care for himself, the admission in mental health establishment can be made on the application of the person’s nominated representative under Section 89 which will be called supported admission. Mental health establishments have to give data to MHRB about supported admissions. The supported admission is valid only till 30 days and for further continuing the treatment, an extension of three months may be granted under Section 90 only after following due procedure.
Dr Bhupinder Kaur Waraich from the Association of Psychiatrists highlighted that a person with mental illness will be able to register his/her ‘advance directive’ with MHRB which is its key responsibility. In case of involuntary admission, MHRB must approve any institutional admissions or treatment extensions that exceed 30 days. The board will receive and decide on complaints regarding deficiency in care or violations of patient rights by medical institutions.
Though the rules have been notified, it is yet to be published in the official gazette. Dr Ravneet Kaur, director of medical education and research, said, “We have just notified the rules. We will work on establishing State Mental Health Authority and Mental Health Review Board.”
Regarding the delay in framing Chandigarh Mental Healthcare Rules 2026, she said there was a confusion whether UT were to opt Centre’s or have its own.