Act Number: 10

Act Name: The Mental Healthcare Act, 2017

Year: 2017

Enactment Date: 2017-04-07

Long Title: An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health and Family Welfare

Section 95: Prohibited procedures.
    (1) Notwithstanding anything contained in this Act, the following treatments shall not be performed on any person with mental illness—
         (a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia;
         (b) electro-convulsive therapy for minors;
         (c) sterilisation of men or women, when such sterilisation is intended as a treatment for mental illness;
         (d) chained in any manner or form whatsoever.
     (2) Notwithstanding anything contained in sub-section (1), if, in the opinion of psychiatrist in charge of a minor's treatment, electro-convulsive therapy is required, then, such treatment shall be done with the informed consent of the guardian and prior permission of the concerned Board.
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