MENTAL HEALTH: INDIA AND LAW
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Abstract
The essence of law in India had been established from the Vedic period, followed till 1772, later to which Britishers adopted the rule of administration of justice in Bengal. It then considered being the first segment of the Indian law division, the Classical Hindu Law. Post the period comes the Anglo-Hindu law, originating from the classical Hindu law, covering years 1772-1947. Mental health legislation has given rise to the importance of protecting the rights and dignity of a person with mental illness. Depression, being the leading cause of disability, contributes to a count of suicides all over the world. The Mental Healthcare Act, 2017 provides for mental health and services, while at the same time protecting the rights of a person with mental illness during the delivery of mental health facilities to that person. Reception order was the order provided under the provision of the mental healthcare act, 1987 to get the mentally ill person detained and admitted to a psychiatric hospital or the psychiatric nursing home. However, the updated Mental Healthcare Act, 2017 has removed the provision of the reception order completely. The new Mental Healthcare Act has raised the bar for completion of provision stated under it. Lack of infrastructure, medical professionals, and staff might lead the act towards imagination only. It is evident that the Mental Healthcare Act is over-ambitious which makes it less realistic and impossible.
The mental health laws of India need to be compared with the mental health laws outside the country for a clearer picture. Apart from creating a new mental health crisis, Covid-19 creates a negative impact on the existing people with mental illness.
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