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Home > Archives > Volume 20, No 7 (2022) > Article

DOI: 10.14704/nq.2022.20.7.NQ33427

Protecting Rights of Mentally Ill Persons: A Legislative and Judicial Approach

Pravina N. Khobragade


In a developing state like India persons with mental illness are found in vulnerable position. As a result of growth of humanistic values, now it has become the accepted position that there is need of taking appropriate steps for the care and treatment of mentally ill persons. Following the norms of human rights and liberal jurisprudence in this respect in India various legislations have been enacted of which Mental Health Ac,1987 was the first of its kind. Mental Health Act, 1987 focused on administrative procedures rather addressing need of services and protecting rights of mentally ill persons After noticing lacunae in this enactment for granting protection to mentally ill persons in real sense the judiciary have come up with the appropriate interpretation of various provisions of this enactment. In this paper the approach adopted by the judiciary and the legislature while protecting the rights of mentally ill persons have been discussed at length including the Mental Healthcare Act, 2017 which recognizes statutory rights of these person along with set up of regulatory bodies and more.


Mental illness, Mental health, mentally ill person, Mental Care Hospital, Rehabilitation, Right to Health

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