Autism: A Socio-Legal Study On Mental Healthcare Law In India
- IJLLR Journal
- 2 hours ago
- 1 min read
Anjali Pal, Law College Dehradun, Uttaranchal University, Dehradun
Amber Srivastava, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun
ABSTRACT
The Autism Spectrum Disorder (ASD) is a complicated condition of the developing brain which has an impact on communication, social skill and behaviours. The autism condition in India crosses the boundary of medical diagnosis and becomes a matter of social justice, human rights and legal protection. A key point to note is that the history of mental healthcare law and policy shows a progressive movement away from a welfare orientated framework to a rights-based framework that builds on the concept of dignity, autonomy and of inclusion for persons with mental disability. A socio-legal analysis is conducted of autism in the context of the Indian mental health care laws including an examination of statutory protections, constitutional protection, judicial interpretations and policy frameworks. It emphasises the links between access to, and interest in, healthcare, education, guardianship, discrimination and social inclusion. Even with laws enacted to send forwards like the Mental Healthcare Act, 2017 and the Rights of Persons with Disabilities Act, 2016, there are still implementation issues that limit effective realization of the rights of persons with autism. The study recommends bolstering legal awareness, institutional facilities and inclusive policies by ensuring substantive equality and mental health justice in India.
Keywords: Autism Spectrum Disorder, Mental Healthcare Law, Disability Rights, Mental Health Policy, Socio-Legal Study, Inclusive Education, Human Rights, India.
