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According to a study performed by the ‘Live Love Laugh Foundation' at the beginning of 2018, 87 % were aware, with 71 percent of them using the word ‘stigma' or phrases linked with mental diseases. As shown in the study of the National Institute of Mental Health and Neurosciences (Nimhans), 13.7% of Indians suffer from mental diseases, with 10.6% requiring immediate treatment. A severe mental disorder affects about 1.9% of the population, which includes schizophrenia, bipolar mental disorders, and other conditions.
It's very clear from the aforementioned surveys that India needs to destigmatize the notion of mental health. As a result, the law must intervene to bridge the social acceptance gap and provide numerous rights to persons who suffer from mental diseases. This becomes all the more necessary now that people are becoming more aware of human rights. The Mental Health Care Act of 2017 is one such example of legislators taking steps to offer them various rights. This Act confers many rights to the people suffering from mental illness.
Persons with mental disorders now have the right to make advance directives on how they should and should not be treated in the event of a mental disease under the Act. In addition, he has the ability to choose a nominee to act on his behalf in making treatment decisions under the advance directive. Any individual suffering from mental illness has the right to get government-funded or offered mental health care or services. The Act stipulates, among other things, that such mental health care services must be acceptable to the patient and their families.
The financial position should not be a hindrance for people suffering from mental illness. Therefore treatment should be inexpensive and of good quality. Furthermore, they have the right to ensure that the quality of the services is not jeopardized.
The right to a dignified life has its origins in Article 21 of the Constitution. This has also been incorporated into the Mental Healthcare Act, which states that everyone suffering from a mental disease has the right to a dignified life. Furthermore, such individuals have the right to be safeguarded against cruel, inhuman, or humiliating treatment in any healthcare facility. They also have additional rights, such as the right to a safe and sanitary environment, as well as other conditions, such as the right to privacy.
The Hon'ble Supreme Court, in X vs the State of Maharashtra, stated that mentally ill people have a statutory right to live with dignity under the Mental Health Care Act of 2017. Moreover, the Act also prohibits any act of discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class, or disability. It also prevents any electroconvulsive therapy for children.
The directive of free legal aid is enshrined in Article 39A of the Constitution. This has been included in the Act so that people with mental illnesses can get legal help to exercise their rights under the Act. He also has the right to have the competent authority tell him of his rights. In addition, the person has the right to file a complaint about a deficit in mental health care services or facilities supplied to him.
In a nutshell, the Mental Healthcare Act of 2017 was a watershed moment in the rights of people with mental diseases. Such people have a variety of rights under the Act. There are also a number of other laws that define the rights and limitations of people with mental diseases. The legislation evolves in response to societal demands, as may be seen in the field of mental health treatment. Therefore, every person has the duty to destigmatize the topic of mental health and spread more awareness regarding the subject.
For a more detailed understanding, refer to the" Accused 'X' vs the State of Maharashtra" case study by clicking the case below.
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