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Terms of Service

My clinical practice is guided not only by international ethical standards (including the BACP Ethical Framework) but also by relevant Indian laws governing mental healthcare, child protection, confidentiality, and data privacy. These laws define both your rights as a client and my legal and ethical responsibilities as a therapist.

The key legal frameworks that inform my work include:

1. Mental Healthcare Act, 2017 (India)

The Mental Healthcare Act (MHCA), 2017 is the primary legislation governing mental healthcare services in India. It emphasizes patient rights, dignity, autonomy, confidentiality, and access to care.

Your Rights under this Act include:

  • Right to confidentiality and privacy
  • Right to informed consent
  • Right to access mental healthcare without discrimination
  • Right to participate actively in decisions about your treatment
  • Right to information about your therapy and care

My Legal Obligations under this Act include:

  • Maintaining confidentiality of all therapeutic material, except where disclosure is legally required
  • Ensuring informed consent for therapy
  • Acting in the best interests of the client's mental health and safety
  • Taking appropriate steps when there is risk of serious harm to self or others

In cases involving imminent risk of harm, I am legally obligated to take protective action, which may involve emergency services, medical intervention, or informing nominated emergency contacts.

2. Protection of Children from Sexual Offences (POCSO) Act, 2012

(Applicable in work with minors)

The POCSO Act mandates strict legal reporting obligations in cases involving sexual abuse or exploitation of minors (under 18 years). If, during therapy, a minor discloses:

  • • Sexual abuse
  • • Sexual exploitation
  • • Sexual assault
  • • Ongoing sexual harm

I am legally obligated to report this information to the appropriate authorities, even if confidentiality has been promised. This is a mandatory reporting law, and failure to report constitutes a punishable legal offence.

Wherever clinically possible, I will:

  • Inform the minor about this legal obligation
  • Discuss the reporting process sensitively
  • Support the child emotionally through the legal process

However, confidentiality cannot override this legal duty.

3. Juvenile Justice (Care and Protection of Children) Act, 2015

This law governs the protection and welfare of children in need of care and protection. Mandatory Reporting Applies To:

• Severe neglect
• Emotional abuse
• Physical abuse
• Exploitation
• Abandonment
• Unsafe living conditions

If I become aware of serious harm or endangerment of a minor, I am legally obligated to report the matter to child protection authorities, in order to ensure the child's safety.

4. Bharatiya Nyaya Sanhita (BNS), 2023

(Earlier: Indian Penal Code - IPC)

Under Indian criminal law, therapists may be legally obligated to breach confidentiality in rare cases involving:

  • • Serious threats of violence
  • • Risk of homicide
  • • Terror-related disclosures
  • • Severe criminal acts involving imminent danger

These obligations exist only when there is serious, credible, and immediate risk. Such disclosures are extremely rare, and any action taken prioritizes safety, proportionality, and ethical responsibility.

5. Information Technology Act, 2000 & Digital Personal Data Protection Act, 2023

These laws govern digital data protection, storage, and privacy.

My Responsibilities Include:

  • • Secure storage of client records
  • • Protection against unauthorized access
  • • Responsible handling of sensitive personal data
  • • Ensuring digital confidentiality in online therapy

All clinical records are:

  • • Stored securely
  • • Access-restricted
  • • Retained ethically
  • • Destroyed safely after the legally recommended period

Summary of Legal Limits to Confidentiality

Confidentiality may be legally breached only under the following circumstances:

  • Immediate risk of serious harm to the client or others
  • Mandatory child protection reporting (POCSO / Juvenile Justice Act)
  • Court orders or lawful authority demands
  • Severe criminal disclosures involving imminent danger

In all cases:

  • Disclosure is limited to minimum necessary information
  • Wherever possible, this is discussed with the client beforehand
  • Emotional care and transparency remain central

6. Professional Excellence and Accountability

To ensure you receive the best possible care, I also adhere to these professional "quality checks":

Regular Supervision

I consult with senior practitioners (while keeping your identity anonymous) to ensure my perspective remains clear and my work stays effective.

Personal Therapy

I engage in my own therapeutic work, ensuring that my own "stuff" stays out of your space.

Ethical Referrals

If at any point I feel that your needs require a different kind of expertise, I am ethically bound to help you find the right specialist. I will never leave you without a path forward.

A Space for Every Identity

This legal framework is applied through a lens that is trauma-informed, queer-affirmative, and neuro-affirmative. I recognize that our identities—our gender, sexuality, caste, and disability—deeply shape how we experience the world and the law. These legal provisions exist not to control or punish, but to protect life, dignity, and safety, especially in situations involving vulnerability, abuse, and risk. I strive to build a therapeutic space that is rooted in collaboration and mutual respect.

"The courage to allow someone to bear witness to your inner world is an act of vulnerability and as a psychotherapist being given that permission; I consider it a privilege."