Historical And Legal Development Of Mental Health Legislation In India
- IJLLR Journal
- 1 day ago
- 1 min read
Ankita Khamari & Dulamani Padhan, Faculty, PG Department of Law, Sambalpur University.
ABSTRACT
Mental health regulation in India dates back to the mid-nineteenth century, with the objective of ensuring appropriate treatment for individuals experiencing mental disorders and accountability among medical professionals for the quality of care provided. The current legal framework is governed by the Mental Healthcare Act, 2017, which replaced the Mental Health Act, 1987 following India’s ratification of the United Nations Convention on the Rights of Persons with Disabilities. While the 1987 law largely emphasized institutional custody and regulation, the 2017 statute adopts a rights-based approach, prioritizing access to treatment, dignity, and autonomy for persons with mental illness. The newer law introduced significant structural reforms, including the creation of regulatory authorities, establishment of Mental Health Review Boards to safeguard patient rights, mandatory registration of mental health establishments, provision of legal aid, and access to free treatment for individuals from economically weaker sections. Despite these progressive measures, the effective enforcement of the 2017 Act continues to face practical barriers such as limited infrastructure, financial constraints, persistent social stigma, and discrimination. Nevertheless, the legislation represents a transformative shift in India’s mental health regime by strengthening patient rights, promoting autonomy, expanding access to services, and attempting to reduce stigma. This study seeks to critically examine the development, implementation, and overall impact of mental health laws in India.
Keywords: Implementation, Mental health law, Mental Healthcare Act, 2017, Stigma, Supreme Court of India.
