Mental Health Legislation in South Asia with Special Reference to India: Shortcomings and Solutions
| DOI | https://doi.org/10.1108/13619322200700027 |
| Published date | 01 October 2007 |
| Pages | 22-29 |
| Date | 01 October 2007 |
| Author | J Trivedi,Puneet Narang,Mohan Dhyani |
| Subject Matter | Health & social care |
JK Trivedi MD, MRCPsych (UK)
Professor, Department of Psychiatry, King George Medical University, Lucknow, India
Puneet Narang MD
Ex Resident, Department of Psychiatry, King George Medical University, Lucknow, India
Mohan Dhyani
Research Associate, Department of Psychiatry, King George Medical University, Lucknow, India
Mental Health Legislation in South
Asia with Special Reference to India:
Shortcomings and Solutions
Abstract
Mental health legislation codifies and consolidates fundamental principles, values, goals, objectives and mental
health policy. Such legislation is essential to guarantee that the dignity of patients is preserved and that their
fundamental rights are protected. This article considers legislation in south Asia, specifically the Mental Health Act
in India, and argues that the act has shortcomings that serve as a barrier to mental health services. The authors argue
for a modern mental health law that gives priority to protecting the rights of people with mental disorder, promotes
development of community-based care and improves access.
Key words
Mental health legislation, India, south Asia, law, human rights
mental health care and treatment they require.
Violations within psychiatric institutions are rife,
including degrading and harmful care and treatment
practices, and unhygienic and inhuman living
conditions. Besides numerous human rights violations
within institutions, mentally ill people are crippled in
their day-to-day lives by widespread discrimination,
stigmatisation and misconceptions about the nature
of mental illness. This leads to exclusion and denial
of basic rights, such as the right to shelter, food and
education, and formal exclusion through government
policies that deny the right to vote, marry, have
children or own property. These policies and laws
reinforce community,family and individual
misconceptions of mental illness and intensify
stigmatisation, exclusion and economic
disempowerment of mentally ill individuals. Even laws
that do not discriminate against the mentally ill can
harm their ability to access benefits, services and
opportunities equally. Thus,employment laws that
do not have a heightened sensitivity to the needs of
Mental health legislation is essential for protecting
the rights and dignity of people with mental
disorders, and for developing accessible and effective
mental health services. Effective mental health
legislation can provide a legal framework to integrate
mental health services into the community and to
overcome stigma, discrimination and exclusion of
mentally ill persons. Legislation can also create
enforceable standards for high quality medical care,
improve access to care, and protect the civil, political,
social and economic rights of mentally ill individuals,
including a right of access to education, housing,
employment and social security. Furthermore, mental
health law can establish guidelines through which a
country develops its mental health policy, or reinforce
previously established mental health policies that
seek to provide effective and accessible mental health
care through the community.
People with mental disorders are exposed to a wide
range of human rights violations. In many countries,
mentally ill individuals do not have access to the basic
Mental Health Review Journal Volume 12 Issue 3 October 2007 © Pavilion Journals (Brighton) Ltd
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