Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not inconsistent with this Act shall have the meanings respectively assigned to them in those Acts.

Determination of mental illness

1. (1) Mental illness shall be determined in accordance with such nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government.
2. (2) No person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this Act or any other law for the time being in force.
3. (3) Mental illness of a person shall not be determined on the basis of,—
   • (a) political, economic or social status or membership of a cultural, racial or religious group, or for any other reason that is not, or may not be, in accordance with internationally accepted medical standards, as may be notified by the Central Government;
   • (b) non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a person’s community;
   • (c) past political, economic, social, racial or religious or cultural beliefs;
   • (d) confinement in a mental health establishment or previous treatment or hospitalisation for mental illness;
   • (e) inability to perform daily activities;
   • (f) sexual orientation or sexual promiscuity;
   • (g) presence of any other illness, including physical disability; or
   • (h) such other reasons as may be prescribed.
4. (4) Mental illness shall not be determined on the basis of any of the factors referred to in sub-section
5. (3) and any diagnosis of mental illness shall be consistent with such medical standards as may be notified by the Central Government.
6. (5) Any person who classifies a person as having mental illness on the basis of any of the factors referred to in sub-section (3) shall be liable to disciplinary action and such other penalties as may be prescribed.