A Comparative Analysis Of Mental Health Legislation Of India And The United Kingdom
- IJLLR Journal
- 55 minutes ago
- 1 min read
Poorvie Umachigi, LLM ‘Constitution and Administrative Law’, School of law, Christ University, Central Campus, Hosur Road, Bangalore
ABSTRACT
Mental health law has undergone significant transformation in both India and the United Kingdom, reflecting shifting paradigms in the understanding of mental illness, patient rights, and state obligations. This study undertakes a comparative analysis of the Indian Mental Healthcare Act, 2017, and the United Kingdom’s Mental Health Act, 1983, supplemented by the Mental Capacity Act, 2005. While the UK framework retains its emphasis on compulsion and public safety, the Indian legislation marks a paradigm shift from custodial care toward a rights-based model, embedding international human rights norms within domestic law. The analysis highlights key areas of convergence, including provisions for compulsory care and oversight mechanisms, while also underscoring divergences such as India’s statutory recognition of advance directives and state responsibility to ensure access to mental healthcare. Challenges remain in both jurisdictions: India struggles with implementation gaps, infrastructural deficits, and resource constraints, while the UK faces criticism over rising detention rates, racial disparities, and an outdated legislative framework. The study concludes that while India has taken a progressive leap in aligning mental health law with human rights principles, the effectiveness of these rights depends on systemic reforms and resource allocation. For the UK, reform of the Mental Health Act remains urgent to reduce reliance on compulsion and to incorporate capacity-based, autonomy-focused standards. This comparative analysis thus contributes to the global discourse on mental health law by identifying strengths, shortcomings, and pathways for reform in two diverse legal systems.
Keywords: Mental health law, autonomy, human rights, comparative analysis
