From social welfare to human rights: The evolution of India’s mental health legislation

Bhandari, Surabhi (2025) From social welfare to human rights: The evolution of India’s mental health legislation. Indian Law Review. pp. 1-23. ISSN 2473-0580 (In Press)

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Abstract

Historically, Indian mental health law has focused on safeguarding society from persons with mental illness (“PMIs”) instead of safeguarding the rights of PMIs. This focus has resulted in stigma and discrimination against PMIs. In 2017, the Indian Parliament enacted the Mental Healthcare Act (“MHA 2017”) to change this approach by prioritizing the rights of PMIs and improving their quality of life. While the MHA 2017 marks a departure from earlier Indian laws, it still lacks clarity. Because authorities have failed to allocate sufficient resources to care for PMIs, the MHA 2017 has also not fulfilled its purpose. This article examines the history of mental health laws in India, highlights the changes brought by the MHA 2017, and discusses how the current approach can be improved.

Item Type: Article
Keywords: Colonial laws | fundamental rights | mental health laws | mental health | patient autonomy | Mental Healthcare Act 2017
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 13 Apr 2025 17:00
Last Modified: 13 Apr 2025 17:00
Official URL: https://doi.org/10.1080/24730580.2025.2480023
URI: https://pure.jgu.edu.in/id/eprint/9365

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