Abstract

Rights of Persons with Mental health care laws

The Mental Health Care Act, 2017 has defined mental illnesses as a substantial disorder of thinking,
mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to
recognise reality or ability to meet the ordinary demands of life. It also includes mental conditions
associated with the abuse of alcohol and drugs. A study conducted by the National Institute of Mental
Health and Neurosciences concluded that 13.7% of Indians suffer from mental illnesses and 10.6% of
this requires immediate intervention. Out of these, nearly 1.9% of the population suffers from a severe
mental disorder which includes schizophrenia, bipolar mental disorders, etc. Moreover, a study
conducted by a charity by the name ‘Live Love Laugh Foundation’ at the beginning of 2018
concluded that 87% of the respondents showed awareness, out of which 71% of them used the word
‘stigma’ or associated terms with mental illnesses. Therefore, it is the law which has to step into the
picture to bridge the gap of social acceptance and grant various rights to people who suffer from
mental illnesses. This becomes all the more important due to the growing awareness of human rights.
Mental Health Care, 2017 is one of such steps of the legislators to provide them with various rights.
Apart from this legislation, the article will also focus on the position and rights of persons with mental
illnesses (PMI) under various other laws. Rights under Mental Health Care Act, 2017 The Mental
Health Care Act, 2017 has been looked upon as a historical intervention in the field of medical
healthcare. It has been termed as a ‘pro-right’ document for the PMI. Rights and disabilities of
persons with mental illnesses under other laws. The persons with mental illnesses have been given
certain rights but along with that, the law has also taken away their certain rights.

Key words:

1. Mental Health Care

2. mental illnesses
3. persons with mental illnesses (PMI)
4. pro-right

objective: To analyse the rights provided for person with mental illnesses. rights under mental
health care act 2017 and rights and disabilities of persons with mental illnesses under other laws
details:
Author: G JAYARAM.
B.B.A, LLB, 3RD YEAR.
GITAM SCHOOL OF LAW
GITAM UNIVERSITY, VISKHAPATANAM

CO- AUTHOR: V. MOHAN VINAY

B.B.A, LLB, 3RD YEAR.
GITAM SCHOOL OF LAW
GITAM UNIVERSITY, VISKHAPATANAM