A Review of Mental Health Legislations and Its Implementation in India

Abstract

Mental health legislation refers to laws and legal frameworks that govern the care, treatment, rights, and protection of individuals with mental health conditions. These laws are designed to ensure ethical and humane treatment, regulate psychiatric practice, and balance the rights of individuals with public safety concerns. Mental Health is the most neglected in many parts of the world, especially in low- and middle-income countries like India, and has profound consequences for public health, human rights, and socio-economic development. This neglect refers to the systemic failure to recognize, prioritize, and adequately address mental health needs at individual, community, and institutional levels. It is a pervasive issue. This chapter presents a comprehensive review of mental health legislations in India, tracing their evolution, underlying principles, and practical implications. Beginning with the colonial-era Indian Lunacy Act of 1912 and culminating in the progressive Mental Healthcare Act, 2017, the review critically examines the shifting legal paradigms from custodial care to a rights-based, patient-centric approach. The Mental Healthcare Act, 2017 is analyzed in detail for its alignment with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), particularly in terms of informed consent, decriminalization of suicide, advance directives, and the right to access mental healthcare. The chapter also addresses the challenges in implementation, including infrastructural gaps, lack of awareness, and coordination between the legal and medical systems. By evaluating the strengths and limitations of existing laws, this review underscores the urgent need for robust policy integration, capacity building, and accountability mechanisms to ensure dignity, autonomy, and justice for individuals with mental health conditions in India.