Beyond Counselling: University Accountability For Student Mental Health Under The Mental Healthcare Act, 2017
- IJLLR Journal
- 8 minutes ago
- 2 min read
Akash Shukla, Faculty of Law, University of Delhi
Sweta Solanki, Faculty of Law, University of Delhi
ABSTRACT
The growth in the incidence of stress, anxiety, depression and suicide among students in universities has emerged as a significant concern for higher education in India. Several universities have increasingly established counselling centres and wellness programmes in order to cope with the situation. However, the legal basis of their responsibility towards students’ mental health remains insufficiently examined.
The enactment of the Mental Healthcare Act, 2017, marked a shift in approach to mental healthcare by recognising access to mental healthcare as a legal right and adopting a rights-based framework that emphasises dignity, equality, confidentiality and non-discrimination in India. However, the Act does not expressly define the duties of higher educational institutions, creating uncertainty regarding the extent of their legal accountability for protecting students experiencing mental health challenges.
The relationship between student mental health and university accountability within the framework of the Mental Healthcare Act, 2017 has been studied. It argues that although the Act does not impose specific statutory obligations on universities, its provisions, when read together with Article 21 of the Constitution of India, the regulatory role of the UGC and the evolving jurisprudence of the Supreme Court, create a strong legal and constitutional foundation for institutional responsibility.
The researcher further analyses recent judicial developments concerning student welfare and suicide prevention, the implementation of the University Grants Commission’s mental health initiatives and the practical challenges faced by universities in providing accessible and effective mental healthcare services.
The researcher identifies significant gaps in implementation, including the absence of uniform standards, inadequate counselling infrastructure, limited awareness of legal rights and weak accountability mechanisms. It has been further argued that protecting students’ mental health should not be viewed merely as a welfare measure but as an integral component of the right to life,
dignity, health and education.
Keywords: Mental Healthcare Act, 2017; Student Mental Health; University Accountability; Higher Education; Right To Life.
