Mental Health Legislation In India: Need For Reform

Avantika Kakran, Dr.Ram Manohar Lohiya National Law University, Lucknow

ABSTRACT

The proper functioning and socio-economic development of society crucially depend on each individual's mental health, which in turn includes their emotional, psychological, social, and even physiological well-being. Despite this, most people are unaware of the significance of mental health. This article provides an overview of the mental health legislation in India, including the changes made in the Mental Healthcare Act 1987. Through this article, the author aims to analyze the Mental Healthcare Act 2017, introduced shortly after India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and discuss its implications on the mental healthcare provided in India. It also seeks to sensitize people towards the deplorable condition of mental health institutions in India and highlights the various loopholes that exist in the Act, the lack of participation from various state governments, and the stigma that is associated with mental illness in society at large, all of which further act as a hurdle to the Act's proper implementation.

Keywords: Mental Health, The Mental Healthcare Act, 2017, Stigma, Mental Illness, The Mental Health Review Board