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VOL. 10, ISSUE 3 (2025)
Law and mental health in India: Challenges in implementation of MHCA, 2017
Authors
Dr. Inderjit Singh Gill
Abstract
Mental health is a critical aspect of human
well-being, yet it remains deeply neglected in India. The enactment of the
Mental Healthcare Act, 2017 (MHCA) was a landmark development aimed at
safeguarding the rights of individuals with mental illness and ensuring access
to mental healthcare services. The Act aligns Indian law with international
standards, particularly the United Nations Convention on the Rights of Persons
with Disabilities (UNCRPD), to which India is a signatory. Despite its
progressive intent, the implementation of MHCA, 2017 has faced numerous
challenges. These include lack of mental health infrastructure, insufficient
funding, inadequate awareness, shortage of trained professionals, and continued
stigma surrounding mental illness. This paper explores these challenges in
detail and analyses the importance of mental health laws in a country like
India, where mental illness is still perceived through a lens of superstition
and neglect. It also discusses the role of the judiciary in protecting the
rights of persons with mental illness and examines relevant government policies
aimed at implementation. Ultimately, the paper argues for urgent multi-sectoral
reforms, increased investment in mental health services, and societal
sensitization to make the MHCA truly effective. Without such efforts, the
rights granted under the MHCA will remain largely aspirational rather than
practically enforceable.
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Pages:18-22
How to cite this article:
Dr. Inderjit Singh Gill "Law and mental health in India: Challenges in implementation of MHCA, 2017". International Journal of Advanced Research and Development, Vol 10, Issue 3, 2025, Pages 18-22
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