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Mental Health Care Act, 2017: An Analysis Of Its Effects On Mentally Ill People

Mental Health Care Act, 2017: An Analysis Of Its Effects On Mentally Ill People With Reference To Section 309, Ipc

Ashita Gaur, LLM (Criminology), Career College of Law, Bhopal

INTRODUCTION Human society has witnessed that some human beings are born with mental inability. This may be generic or due to injury caused to the new born at the time of delivery. The mental disorder may develop to a mentally able person due to extreme shock, injury and poisoning. The plight of the mentally disabled is among the saddest and most alarming problems facing our society, and too little is done to alleviate the effects of the problem. People with mental disorders have been subject to prejudice, stigma, discrimination and marginalization in all aspects of their social lives.

Mental disease is observed as a stigma in most of the culture. People of different age, gender or socio-economic status may suffer from mental illness. At least twenty percent of people pass through mental disorders in some way or the other during their lifetime. Stigma towards mentally ill people is a matter of great concern. This affects on their ability to perform duties, their revival, treatment procedure and support they receive, and their recognition in the group of people.

Medical and social statistics present the alarming reality that one in four people will suffer from mental illness at some point in their lives. Yet, in most countries, mental health is one of the least cared about issues. The mentally disabled have been the victims of widespread human right violations. In the majority of countries, the right to health of persons with mental disabilities has been grossly neglected. Necessary healthcare and support services are frequently unavailable or inaccessible, while human rights abuses are often pervasive within services where they do exist.

So the question which arises is, do the disabled have any legal rights? Do the disabled have the same legal rights as those who are not disabled? Is the protection and guarantee of law available to the disabled? Have the law makers thought of the disabled sufficiently well? How has the law defined the disabled in the first instance? Are the disabled secure in the regime of law? These are some of the questions which come to mind when we think of the disabled in relation to their legal rights.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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