Indian legal system and mental health

Abstract

Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

Reproductive health of women with and without disabilities in South India, the SIDE study (South India Disability Evidence) study: a case control study

“…India ratified the UNCRPD in 2007 and has been providing a legal framework for implementation of services for people with disabilities through the adoption of the Persons with Disability (PWD) Act, 1995 [ 19 ]. The PWD Act set out the processes for people with disability to access employment and rehabilitation opportunities and affirmative action to be initiated to provide the needed services [ 20 ].…”

Family matters! – The caregivers' perspective of Mental Healthcare Act 2017

“…The Indian Lunacy Act of 1912 was repealed with the enactment of Mental Health Act of 1987. [ 5 ] However, the act was viewed as seriously flawed because of its basic assumption that mentally ill persons are violent and dangerous. Furthermore, the act was criticized for its neglect of community-based mental health care and tenets of the National Mental Health Program; lack of attention to the WHO guidelines; retention of a criminal flavor; lack of attention to discharge planning, care, and rehabilitation; and failure to address social stigma and societal ignorance.…”

Indian marriage laws and mental disorders: Is it necessary to amend the legal provisions?

“…Similarly, Section 27 lists identical provisions in respect to ground for divorce as in Section 13 of the Hindu Marriage Act. [ 7 8 ]…”

“…However, divorce can be obtained if the defendant, at the time of marriage was of unsound mind, provided the plaintiff was ignorant of the fact and the defendant has been of unsound mind for 2 years upward and immediately preceding the application. [ 8 ]…”