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International Journal of Social Science Research (IJSSR)

International Journal of Social Science Research (IJSSR)

An Open-Access, Peer-Reviewed & Refereed Bimonthly Journal

ISSN: 3048-9490

Call For Papers - Volume 3, Issue 5 (September - October 2026)
Paper Title

Right to Mental Health in India: A Judicial Perspective

Author(s)Bhumika Modh.
CountryIndia
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.

Subject AreaLegal Studies
Issue Volume 2, Issue 1 (January - February 2025)
Published2025/02/27
How to Cite Modh, B. (2025). Right to Mental Health in India: A Judicial Perspective. International Journal of Social Science Research (IJSSR), 2(1), 202–213. https://doi.org/10.70558/ijssr.2025.v2.i1.30276
DOI 10.70558/IJSSR.2025.v2.i1.30276
License
Copyright © 2025 The Author(s). This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).

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