LOCATING MENTAL DISABILITIES IN COLONIAL INDIAN LEGISLATION: A STUDY OF ACTS AND REMEDIES

Abstract

Different communities understand disability differently. The meaning and understanding of the term have undergone drastic changes from period to period. In order to deal with disability as a problem, many approaches are suggested. These approaches are called models of disability.1 One among many approaches is the legal approach of disability; this approach is simply defined as a model, which tackles the issue of disability with the help of legislation. The colonial government was credited with introducing legal acts and clauses that deals with the problem of disability in India. Colonial government understood the importance of legislations in dealing with the problem of disabled. Mental health legislations were important to protect the rights of mentally disabled and mentally ill. Mental health legislation helps to integrate mentally disabled/ill into community and can stop stigma and exploitation. This paper tries to locate clauses related to mental disabilities in colonial Indian legislations. The paper analyzes colonial acts like Indian Lunacy Acts of 1858, Lunacy Survey Bill of 1868, Indian Penal Code, Calcutta Police Act of 1866, Indian Divorce Act of 1869, Indian Evidence Act of 1872, The Indian Contract Law 1872, Code of Criminal Procedure of 1898, Lunacy Amendment Act of 1889, Prisoner’s Act of 1900, Indian Lunacy Act of 1912, Court of Wards Act of 1920, Income Tax Act of 1922 and Indian Succession Act of 1925.