Understanding Mental Health Laws and Client Protections in India

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Written by: Vedha I.K

What Are the Legal Foundations of Mental Health Care in India?

India’s mental health legal framework has evolved significantly over the past century. The Indian Lunacy Act of 1912, one of the earliest legislations, focused primarily on the institutionalization of individuals with mental illnesses. It laid down procedures for admission, treatment, and discharge, and emphasized custodial care under state supervision. However, it failed to uphold individual autonomy and contributed to the stigmatization and dehumanization of those with mental illness.

A turning point came with the Persons with Disabilities Act (PDA), 1996, which recognized mental illness as a form of disability and emphasized rights-based support, including 3% reservation in employment, and access to education and rehabilitation. Importantly, the Act empowered persons with mental illness to participate in planning welfare programs.

The UN Convention on the Rights of Persons with Disabilities (CRPD), 2006, shifted global perspectives—viewing people with disabilities as rights-bearing individuals, not merely as recipients of care or charity. Article 12 of the CRPD introduced the concept of full legal capacity, allowing individuals with mental illness to make decisions for themselves with supported decision-making systems in place, even when symptomatic.

India responded by updating its laws. The outdated 1912 Act was replaced by the Mental Health Act of 1987, which still had gaps, including permitting involuntary admissions without patient consent and using derogatory language like “lunatic.” It was later revised into the Mental Health Care Act of 2017, which emphasizes:

• Voluntary and informed consent-based treatment

• Respect for autonomy

• Community-based care over institutionalization

• Non-discriminatory practices

• Protection of human rights and dignity

This Act also advocates for insurance coverage for mental health care and encourages deinstitutionalization.

What Rights Do Clients Have in Mental Health Settings?

What Are the Drawbacks in India’s Mental Health Systems?

How Does the National Human Rights Commission Safeguard Mental Health Rights?

What Was the Impact of the Quality Assurance Project?

What Must Be Done to Ensure Mental Health Justice?

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