Mental Health Laws in India: An Analysis

Author: Ashish Sharma

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Abstract

Human rights and underprivileged people's access to mental health care require supportive laws and policies. Both "hard" and "soft" laws pertaining to mental health care have been drafted on a global and regional level. It has been observed that new legislation and adjustments to existing ones are regularly required in the area of mental health treatment in India. Reforming mental health care has mostly been a reactive process thus far, but new laws and regulations provide the possibility of proactive change. A major obstacle to providing quality mental health care in India is a lack of appropriately trained human resources. A two-week forensic psychiatry course is required by postgraduate psychiatric standards, although this is inadequate to demonstrate the necessary competency. Consequently, forensic psychiatry necessitates the creation of a specialty. In addition, it's necessary to establish, plan, and manage forensic mental health services. It is necessary to have one or more forensic psychiatric institutes in India.

Keywords

Mental Health, Health, Treatment, Psychiatry, Law

Conclusion

It is necessary to set aside enough money and make plans to expand the resources and expertise that mental health professionals and staff have access to. The Mental Health Act of 1987, the previous legislation, did not include a definition of mental illness. The expression "mentally ill person" means "a person who requires treatment for any mental disorder other than mental retardation." Substance use disorder (SUD) was not mentioned again after Chapter III. The current legislation, the Mental Health Care Act of 2017, officially classifies SUD as a mental illness. The MHCA, 2017's Section 89 is problematic since it allows for the treatment and admission of a person with a mental disorder without that person's agreement if a designated representative seeks it. The primary carer role is overlooked by the Act, which is within the family. Even medical professionals depend on the relatives of their patients. Therefore, appropriate family support is needed by the patient, the healthcare administration, and the practitioner. The government's mental health plan is likewise disregarded by the Act. The National Mental Health Program should have been created by every state and overseen by the state mental health authority, according to the Act. There are several strategies that may be applied to stay clear of the risks. Removing the mention of SUD from the definition of mental disease is one way to achieve this and extricate the idea of addiction therapy from the Mental Health Act of 2017. Many nations, including the United States, Australia (in many of its states), and New Zealand, have created separate laws for addiction and its treatment and have excluded drug abuse from their mental health laws because individuals who misuse substances behave differently and need different kinds of care. Schools, colleges, and other educational institutions should implement mental health programs. In India, a set budget ought to be set aside for the execution of these initiatives.

References

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How to cite this article

Ashish Sharma (2023). Mental Health Laws in India: An Analysis. Biological Forum – An International Journal, 15(5): 1753-1757.