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Table 3 Areas of low concordance between the Indian Mental Healthcare Act (IMHA) and the World Health Organization’s “Checklist on Mental Health Legislation” (WHO-RB) (World Health Organization, 2005)

From: Concordance of the Indian Mental Healthcare Act 2017 with the World Health Organization’s Checklist on Mental Health Legislation

Legislative issue WHO-RB designation Area of omission
The rights of the family E1-4 Limited rights when they are not the nominated representative
Non-protesting patients H1-3 Not considered in the IMHA, patients lacking capacity admitted as a supported admission
Involuntary treatment in the community L1-2 Not directly mentioned outside the context of emergencies, no clear safe guards
Determination of mental illness N1a-b No guidelines for necessary level of training or category of professions who can determine mental illness
The rights of minorities Z2-3 No review body monitors the involuntary admission of minorities and no reference is made to refugees or asylum seekers