Terms of Service

Our Practice at Raha Psychotherapy is guided by the ethical principles laid out by the American Psychological Association (APA) and relevant Indian laws governing mental health care, child protection, data privacy and confidentiality. These laws and frameworks clearly outline clients' rights and our legal and ethical responsibilities as therapists. 

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​1. Mental Health Care Act, 2017 

The MHCA (2017) is the primary legislation governing mental healthcare services in India.

• As a client in therapy, you have the right to confidentiality and privacy, informed consent, access to mental healthcare without discrimination, actively participate in the decision-making process regarding therapy, and receive information regarding your therapist's approach to therapy.

• As therapists, we're legally obligated to maintain confidentiality, except when disclosure is required in court, and to take protective actions when there is a risk of serious harm to the client's safety or others, like informing the emergency contact or emergency services. 

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2. Protection of Children from Sexual Offences (POCSO) Act, 2012 [Applicable with Minors]

The POCSO Act mandates strict legal obligations for reporting in cases involving sexual abuse or exploitation of minors (under 18 years).

• If, during therapy, a minor discloses sexual abuse, exploitation, assault or ongoing sexual harm, we are legally obligated to report this information to the appropriate authorities. 

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3. Bharatiya Nyaya Sanhita (BNS), 2023 [Earlier, Indian Penal Code, IPC]

Under the Indian Criminal Law, therapists are legally obligated to breach confidentiality involving serious threats of violence, homicide risks, disclosures regarding terrorist activities, and severe criminal acts involving imminent danger, all of which imply serious, immediate and credible risk. 

 

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

The above laws govern digital protection, storage and privacy, whereby therapists are responsible for storing client data securely, protecting sensitive personal data against unauthorised access and ensuring confidentiality during therapy sessions.  Please note that all clinical records are deleted after seven years (as proposed by APA). ​​​

 

These legal provisions exist to protect the life, dignity, and safety of vulnerable individuals from abuse and risk.​