India’s Mental Healthcare Legislation: An Analysis

Posted: 2 Jan 2020

Date Written: December 10, 2019

Abstract

The Mental Health Care Act 2017 is welcomed as a positive step towards resolving the mental health issues. It seems to be very much in conformity with United Nation Convention on the Rights of Persons with Disabilities. The Act lays down various rights that include, among others, protection from cruel, inhuman, or degrading treatment in any mental health establishment. The paper seeks to understand the stigma surrounding mental illness and will try to inquire whether the new Act will be successful in de-stigmatizing the issue of mental health. The new Mental Health Care Act, 2017 has shifted the focus to a rights-based approach to provide treatment, care, and protection of a person with mental illness compared to previous Mental Health Act 1987. The 2017 Act makes it very clear that in case of severe stress the attempt to suicide will not be an offence under Section 309 of Indian Penal Code 1860. The paper seeks to find a balance between the decriminalization of attempt to suicide with the Indian Penal Code 1860 and the Constitution of India.

Keywords: Rights, Disabilities, Mental illness, Involuntary treatment, CRPD

Suggested Citation

Sahu, Shilpi, India’s Mental Healthcare Legislation: An Analysis (December 10, 2019). Available at SSRN: https://ssrn.com/abstract=3501663

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