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Impact of Mental Health Care Act And Facilities in India

Indian Constitution guarantees every Indian citizen with fundamental rights of life and personal liberty which also includes right to move freely and freedom of expression. But there is a big contradiction mentioned in the Constitution, persons with mental disorder face many problems which are violating their basic rights.


This is not always because of abuse or wrongdoing. The medication of mental illness is also responsible many times and it limits the liberty and freedom of such persons. It also transfers the responsibility for their long term care to someone else.


Laws must also determine the competency or dangerousness of mental illness especially when it comes to determining personal responsibility for actions. Persons who are suffering with mental illness have to face different threats which are unconnected from their medication. These threats can come from various spheres which includes family members, caregivers, friends, institutions and other communities and people in the society who may abuse or insult or may take advantage of these individuals in some way.
So, there is a need of an hour for protective measures and mechanisms to ensure that affected individuals to get proper attention and care.
Policies and provisions must be clearly defined and should be implemented to protect the rights of this vulnerable group.


Like most of the countries, India also has laws that are regulating the treatment, rehabilitation and other care of psychiatric patients or the mentally challenged people.
In India, the National Health Programme is existing since 1982, which has been more proactive than reactive, despite being it was restrategized in 1996.
The only significant drivers of change have been tragedies and long chain of public interest litigation filed before the Supreme Court of India.

The long series of reports from National Human Rights Commission in 2008 created or paved the path for the better aspects of the mental health care reforms in India.
The reports from NHRC highlighted the gross numbers of deficiencies and defects that were existed in the institutional care of persons suffering with mental illness. It also demonstrated the positive changes in these individuals that can be brought about with persistent monitoring system, friendly collaboration and effective intervention.


Despite the many reforms and mental health care policies introduced in India, the reports cited that there is a much demanding need for rehabilitation and human resources. It is not only about mental health care, unlike other kinds of health care, it requires properly trained human resource management, high budget and much more advanced technologies and institutions and facilities.


To tackle out such issues, Indian government came with the Mental Health Care, 2017 which was passed on April 7th, 2017 and it came into force on July 7th, 2017.
This Act was passed and implemented to promote, protect and fulfill the rights of persons suffering with mental illness.
This Act is amended or improved version of previously existing Mental Health Act, 1987. It is yet to be seen if this new Act will ensure protection and equitable care to persons with mental illness.

The most significant challenge in the years coming ahead is the need for a concerted drive to improve human resources in the field of mental health care. It must be emphasized that the ultimate aim of any act or law or other legal provision should be the welfare of the persons with mental illness and the society at large.

Making legal provisions and laws are not sufficient for persons with mental illness unless and until our society becomes more kind and generous towards persons with mental illness. We cannot exclude individuals with mental illness from the society and it has to be harmonious and sweet relationship has to be established within the society for proper rehabilitation.

Source:
Anoushka Thakkar
Research Associate
The MINDS Foundation
www.thebetterindia.com

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