Mental health and Legal Framework

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Mental health and Legal Framework

Our legal partners “Chase Legal”give us a brief about the Indian legal landscape for mental illness in their article below.

When the Mental Health Act (MHA) was notified under the Indian law in 2017, legislators oversaw it as a welcome step because of the decriminalization of an attempt to suicide. The Indian Penal Code (IPC) saw the attempt to suicide as a crime punishable with imprisonment for a year. The discussions leading to the drafting of the MHA noted that a person contemplating suicide is under mental or emotional stress and, therefore, should not be punished for it under law. However, this provision of the Act seems to be the only one worth applauding. The overall Act has not made any substantial difference in the care and well-being of persons with a mental illness. The most fundamental hurdle created by this Act is that it does not cover all persons with mental illness but only those who have "substantial disorders."

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