Abstract

People with mental disorders (hence referred to as PwMI) are frequently marginalised, stigmatised, discriminated against, and humiliated. As a result, mental health law serves as a crucial tool for preserving the rights and dignity of people with mental illnesses. Additionally, it offers a legal framework for addressing issues like admission, treatment, care, and release from institutions; civil, political, economic, social, andss cultural rights; and the execution of mental health policies and programmes. Indian mental health laws have seen significant modification in recent years. The United Nations Convention on the Rights of Persons with Disabilities (hereafter UNCRPD), which India adopted in 2007, has had a significant impact on disability law internationally. Therefore, a glimmer of hope for the realisation of PwMI rights emerged with the entry into effect of two significant pieces of legislation, namely the Mental Healthcare Act, 2017 (hereinafter MHCA) and the Rights of Persons with Disabilities, 2016 (hereinafter RPwD Act). The efforts implemented, however, have not been successful in realising the desired goal due to inadequate execution and a lack of resources.

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