Laws Concerning Mental Health in India: A National Perspective

The importance of mental health in national healthcare policy is becoming increasingly recognised, as evident in the significant evolution of India's mental health legislation. The Mental Healthcare Act of 2017 represents a significant change from previous laws' correctional approach to a rights-based framework. Following international norms such as the United Nations Convention on the Rights of Persons with Disabilities, it guarantees nondiscriminatory access to mental healthcare services, requires insurance coverage for mental illness, and decriminalises attempted suicide. In addition to regulating mental health facilities and prohibiting procedures such as unmodified electroconvulsive therapy, the Act places a strong emphasis on patient autonomy through measures like advance directives and designated representatives. Even with these developments, problems still exist. Financial and infrastructural constraints exacerbate the pervasive stigma and discrimination against mental illness. By providing significant funds to mental health programs like the National Tele Mental Health Programme, which seeks to offer easily accessible and reasonably priced care throughout India, the Union Budget 2025–2026 has made an effort to close these gaps. However, the need for more comprehensive integration of mental health into policy outside of healthcare is highlighted by statutory gaps in workplace mental health compliance under new labour standards. Protecting the rights and dignity of people with mental illness is made possible by India's advanced mental health laws. Addressing structural obstacles like stigma, a lack of resources, and cultural opposition is necessary for effective implementation. This legislation could revolutionise India's mental health system by increasing awareness and guaranteeing fair access to care, emphasising both individual rights and the welfare of the society.

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Publication Details

Journal
Journal of Neonatal Surgery
Published
2025-04-29
DOI
https://doi.org/10.63682/jns.v14i18s.4850
Primary Topic
Mental Health Treatment and Access
Type
article
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article

Laws Concerning Mental Health in India: A National Perspective

Gaurav Bharti, Manisha Matolia
Journal of Neonatal Surgery
Mental Health Treatment and Access
article

Laws Concerning Mental Health in India: A National Perspective

Gaurav Bharti, Manisha Matolia
article en

Abstract

The importance of mental health in national healthcare policy is becoming increasingly recognised, as evident in the significant evolution of India's mental health legislation. The Mental Healthcare Act of 2017 represents a significant change from previous laws' correctional approach to a rights-based framework. Following international norms such as the United Nations Convention on the Rights of Persons with Disabilities, it guarantees nondiscriminatory access to mental healthcare services, requires insurance coverage for mental illness, and decriminalises attempted suicide. In addition to regulating mental health facilities and prohibiting procedures such as unmodified electroconvulsive therapy, the Act places a strong emphasis on patient autonomy through measures like advance directives and designated representatives. Even with these developments, problems still exist. Financial and infrastructural constraints exacerbate the pervasive stigma and discrimination against mental illness. By providing significant funds to mental health programs like the National Tele Mental Health Programme, which seeks to offer easily accessible and reasonably priced care throughout India, the Union Budget 2025–2026 has made an effort to close these gaps. However, the need for more comprehensive integration of mental health into policy outside of healthcare is highlighted by statutory gaps in workplace mental health compliance under new labour standards. Protecting the rights and dignity of people with mental illness is made possible by India's advanced mental health laws. Addressing structural obstacles like stigma, a lack of resources, and cultural opposition is necessary for effective implementation. This legislation could revolutionise India's mental health system by increasing awareness and guaranteeing fair access to care, emphasising both individual rights and the welfare of the society.

Journal of Neonatal SurgeryVol. 14(18S)
Openalex Percentile: Top 90%
Mental Health Treatment and Access
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