Article Title |
Right to Mental Health in India: A Judicial Perspective |
Author(s) | Bhumika Modh. |
Country | India |
Abstract |
The right to mental health in India has evolved through judicial interpretation and legislative reforms, recognizing mental well-being as an integral part of the right to life under Article 21 of the Constitution. The judiciary has played a pivotal role in expanding this right by emphasizing state responsibility in providing adequate mental healthcare services, ensuring dignity, and protecting individuals with mental illness from discrimination. Landmark judgments, such as Sheela Barse v. Union of India and Shantistar Builders v. Narayan Khimalal Totame, have reinforced the importance of humane treatment and rehabilitation for mentally ill individuals. The Mental Healthcare Act, 2017, further strengthens these judicial pronouncements by guaranteeing access to mental health services and decriminalizing suicide. Despite progressive rulings, challenges persist in implementation due to infrastructural and societal barriers. This paper explores the judicial trajectory of mental health rights in India, analysing key rulings that have shaped legal and policy frameworks in the country related to mental health. |
Area | Legal Studies |
Published In | Volume 2, Issue 1, February 2025 |
Published On | 27-02-2025 |
Cite This | Modh, B. (2025). Right to Mental Health in India: A Judicial Perspective. International Journal of Social Science Research (IJSSR), 2(1), pp. 202-213, DOI: https://doi.org/10.70558/IJSSR.2025.v2.i1.30276. |
DOI | 10.70558/IJSSR.2025.v2.i1.30276 |