MENTAL ILLNESS NEEDS CARE
Mental health refers to your emotional and psychological well-being. It influences how we think, feel and act. Having great mental wellness assists you with happy and healthy life. Mental wellness is a condition of prosperity wherein an individual understands their own capacities, can cope with the normal stress of life, can work beneficially and can make a commitment to their local area. For example, the following factors could result in
of poor mental health:
- Childhood abuse or trauma
- Experiencing discrimination
- Poverty or debt
- Alcohol or drug misuse
- Domestic violence or bullying
- Physical causes- for example, head injury
Having a mental condition can be challenging to meet basic care and pursue your basic human rights even at times. In such a scenario, how the law comes to the rescue in such a situation is being studied in this article. Mental health is defined as a state of well-being in which every individual realizes his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.
Laws in India assisting Challenging Mental Health
There is a very important role of law in the management and care of the mentally ill person. Law comes in contact with psychiatry at many points, for example, admission of a mentally ill person in a mental hospital. Most of the countries in the world have laws regulating the treatment of psychiatric patients. The first law in relation to mental illness in British India was the Lunatic Removal Act 1851. After the takeover of Indian administration by the British crown in 1858, many laws were introduced for the care of people with a mental illness, which included:
- Lunacy (Supreme Courts) Act 1858
- Lunacy (District Courts) Act 1858
- Indian Lunatic Asylum Act 1858
- Military Lunatic Act 1877
Under these Acts, patients were kept for long periods in poor living conditions. This led to the formation of the India Lunacy Act 1912. It brought in fundamental change for the management of asylums, which were later termed mental hospitals. After the Indian Lunacy 1912, was repealed and Mental Health Act 1987 was formed and it defined that mental illness in a progressive way, placing emphasis on care and treatment rather than on custody. It provided detailed procedures for hospital admission under special circumstances and emphasized the need to protect human rights, guardianship and the management of the property of people with a mental illness. The Rehabilitation Council of India Act, 1992 was formed for regulating the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register.
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force on 29 May 2018. This Act superseded the previously existing Mental Health Act, 1987 that was passed on 22 May 1987. The law was described in its preamble as “An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services”. Section 3(2) of the Mental Health Care Act states that No person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this Act or any other law for the time being in force. Section 27(1) states that,
A person with mental illness shall be entitled to receive free legal services to exercise any of his rights given under this Act. Section 5(1) states that,
Every person, who is not a minor, shall have a right to make an advance directive in writing, specifying any or all of the following, namely:—
(a) The way the person wishes to be cared for and treated for a mental illness;
(b) The way the person wishes not to be cared for and treated for a mental illness;
(c) The individual or individuals, in order of precedence, he wants to appoint as his nominated representative as provided under section 14. Section 14(1) states that, every person who is not a minor, shall have a right to appoint a nominated representative. Section 14(2) states that, Where no nominated representative is appointed by a person the following persons for the purposes of this Act in the order of precedence shall be deemed to be the nominated representative of a person with mental illness, namely:—
(a) The individual appointed as the nominated representative in the advance directive or
(b) A relative, or if not available or not willing to be the nominated representative of
such person; or
(c) A care-giver, or if not available or not willing to be the nominated representative
of such person; or
(d) A suitable person appointed as such by the concerned Board; or
(e) If no such person is available to be appointed as a nominated representative, the Board shall appoint the Director, Department of Social Welfare, or his designated representative, as the nominated representative of the person with mental illness. Section 15 states that, in Case of minors, the legal guardian shall be their nominated representative, unless the concerned Board orders. In case no individual is available
for appointment as a nominated representative, the Board shall appoint the Director in the Department of Social Welfare of the State in which such Board is located, or his nominee, as the nominated representative of the minor with mental illness.
Section 28(1) states that any person with mental illness or his nominated representative, shall have the right to complain regarding deficiencies in the provision of care, treatment and services in a mental health establishment to,
(a)The medical officer or mental health professional in charge of the establishment and if not satisfied with the response;
(b) The concerned Board and if not satisfied with the response;
(c) The State Authority.
The guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age. It can also refer to the guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property. A guardian takes a decision on behalf of the minor for protecting the interests of the minor and his property.
Constitution of India applies uniformly to every legal citizen of India, whether they are healthy or disabled (physically or mentally).Few of them are, Article15(2) says no citizen shall on the grounds only of religion, race, caste, sex, place of birth or any of them, be subjected to any disabilities liability restriction or condition with regard to :
(a) Access to shops, public restaurants, hotels and places of public entertainment
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of the state funds dedicated to the use of the
general public.
Article 21 that no person shall be deprived of his life or personal liberty except according to procedures established by law. Article 27 instructs
states to recognize the right of persons with disabilities to work, on an equal basis with others, every disabled person can move to the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32. Indian Penal Code, 1860 states that
“Nothing is an offence, which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” According to Indian Contract Act, a person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Declaration of the Rights of Disabled persons was a declaration of the General Assembly of the United Nations made on 9 Dec 1975. It stated that the disabled person shall enjoy all rights contained in this declaration without distinction or discrimination. Disabled persons have inherent rights to respect for their human dignity and irrespective of the origin, nature and seriousness of their handicaps and disabilities, have the same Fundamental Rights. “Every person with a mental illness shall have the right to exercise all civil, political, economic, social and cultural rights as recognized in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights.
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