Status of Mental
Health in India: A LEGAL STUDY
SYNOPSIS
STATEMENT OF PROBLEM
India
is currently home to a population of over one billion citizens. A study
conducted by the World Health Organization in 2015 shows that one in five
Indians may suffer from depression in their lifetime, equivalent to 200 million
people. Due to the stigma associated with mental illness, a lack of awareness,
and limited access to professional help, only 10-12% of these sufferers will
seek help. It is appalling to see the
epidemic rates at which mental illnesses are on the rise in India and yet
there's a tendency to look at the disease with suspicion and paint mental
health as a stigma. With the unprecedented increase in crime rates, corruption
as well as surmounting unrest among the population, there is ample evidence to
show the need to focus on promoting mental health and psychological well-being
today.
RESEARCH OBJECTIVES
- To study the
availability and accessibility of minimum mental health care for all in
the foreseeable future, particularly to the most vulnerable and
underprivileged sections of population.
- To encourage
application of mental health knowledge in general health care and in
social development.
- To promote community
participation in the mental health services development and to stimulate
efforts towards self-help in the community.
RESEARCH QUESTIONS
- 1. What
does it mean to have mental illness?
- 2. Is “brain problem” or a “mind
problem.” How can I figure that out?
- 3. Who does mental illness affects?
- 4. What cause mental illness?
- 5. What are some of the warning signs of
mental illness?
- 6. Can people with mental illness recover?
- 7. What should I do if I know someone who appears to have the
symptoms of mental disorder?
- 8. What treatment options are available?
RESEARCH METHOD
Methodology” implies more than simply the methods the
researcher used to collect data. It is often necessary to include a
consideration of the concepts and theories which underlie the methods. The
methodology opted for the study on the topic may be Doctrinal.
Doctrinal
research in law field indicates arranging, ordering and analysis of the legal
structure, legal frame work and case laws by extensive surveying of legal
literature but without any field work.
SOURCES OF DATA
The Secondary sources:
·
Books
- (1).
Dr. Surya Rao Rega, Ph.D (LAW), Lectures on Law of Insurance, Asia Law House,
First Edition 2010- 2011, Reprint 2016.
- .Murthy
KSN and Sarma KVS, B Com, ML, PhD, Professor, NALSAR University of Law,
Hyderabad. Modern Law of Insurance in India, 5th Edition 2014,
Reprint 2016.
- (3).Srinivasan’s
MN, BSc (Hons), LL B, Advocate, Ex- Legal Adviser, Karnataka Government,
Insurance Department, Principles of Insurance Law, 9th Edition 2009.
·
Website
- https://www.weforum.org/agenda/2018/04/5-charts-that-reveal-how-india-sees-mental-health/
- .https://www.choice.com.au/money/insurance/life/articles/three-glaring-problems-with-life-insurance#mental-health
- .https://www.psychologytoday.com/us/blog/rethinking-mental-health/201402/the-12-vital-questions-mental-health
- http://www.thekimfoundation.org/faq.html
- https://www.nhp.gov.in/national-mental-health-programme_pg
·
Dictionary-
CONCISE LAW DICTIONARY (LEXIS NEXIS) FIFTH EDITION
CHAPTER
1:
Mental Illness nothing to
be ashamed of, but stigma and bias shame us all – William J Clinton.
Mental health includes our emotional, psychological, and social
well-being. It affects how we think, feel, and act. It also helps determine how
we handle stress, relate to others, and make choices. Mental health is
important at every stage of life, from childhood and adolescence through
adulthood.
Over the course of your life, if you experience mental health problems,
your thinking, mood, and behavior could be affected. Many factors contribute
to mental health problems, including: (1) Biological factors, such as genes or
brain chemistry (2) Life experiences, such as trauma or abuse (3) Family
history of mental health problems.
Now
these psychiatric symptoms are common in general population in both sides of
the globe. These symptoms – worry, tiredness, and sleepless nights affect more
than half of the adults at some time, while as many as one person in seven
experiences some form of diagnosable neurotic disorder. A large number of adult
patients (10.4 – 53%) coming to the general OPD are diagnosed mentally ill.
However, these patients are usually missed because either medical officer or
general practitioner at the primary health care unit does not ask detailed
mental health history. Due to the under-diagnosis of these patients,
unnecessary investigations and treatments are offered which heavily cost to the
health providers. Similarly to how one would
treat diabetes with medication and insulin, mental illness is treatable with a
combination of medication and social support. These treatments are highly
effective, with 70-90 percent of individuals receiving treatment experiencing a
reduction in symptoms and an improved quality of life. With the proper
treatment, it is very possible for a person with mental illness to be
independent and successful.
Now from the above
discussion we can understand that mental health can affect daily life,
relationships, and even physical health. Mental health also includes a person's
ability to enjoy life - to attain a balance between life activities and efforts
to achieve psychological resilience.
Indian Legal Systems refers to the system of law
operative in India. In the ancient days, there was a distinct tradition of law,
which had a historically independent school of legal theory and practice. Law
as a matter of religious prescriptions and philosophical discourse has an
illustrious history in India
2.1 What does it mean to have mental illness?
Mental illnesses are
health conditions that disrupt a person’s thoughts, emotions, relationships,
and daily functioning. They are associated with distress and diminished
capacity to engage in the ordinary activities of daily life. Mental illnesses fall along a continuum (A continuous
nonspatial whole or extent or succession in which no part or portion is distinct
or distinguishable from adjacent parts) of severity: some are fairly mild and
only interfere with some aspects of life, such as certain phobias. On the other end of the
spectrum lie serious mental illnesses, which result in major functional
impairment and interference with daily life. These include such disorders as
major depression, schizophrenia, and bipolar disorder, and may require that the
person receives care in a hospital. It is important to know
that mental illnesses are medical conditions that have nothing to do with a
person’s character, intelligence, or willpower. Just as diabetes is a disorder
of the pancreas, mental illness is a medical condition due to the brain’s
biology.
2.2 Is “brain problem” or a “mind problem”. How can I figure that
out?
The mind–body problem is a
philosophical problem concerning the relationship between thought and
consciousness in the human mind and the brain as part of the physical body. It
is distinct from the question of how mind and body function chemically and
physiologically since that question presupposes an interactionist account of
mind-body relations
.
2.3 Who does mental illness affects?
Mental illness does not
discriminate; it can affect anyone, regardless of gender, age, income, social
status, ethnicity, religion, sexual orientation, or background. Although mental illness can affect anyone, certain
conditions may be more common in different populations. For instance, eating
disorders tend to occur more often in females, while disorders such as
attention deficit/hyperactivity disorder is more prevalent in
children. Additionally, all ages are susceptible, but the young and the
old are especially vulnerable. Mental illnesses usually strike individuals in
the prime of their lives, with 75 percent of mental health conditions
developing by the age of 24. This makes identification and treatment of mental
disorders particularly difficult, because the normal personality and behavioral
changes of adolescence may mask symptoms of a mental health condition.
Parents and caretakers
should be aware of this fact, and take notice of changes in their child’s mood,
personality, personal habits, and social withdrawal. When these occur in
children under 18, they are referred to as serious emotional disturbances
(SEDs).
2.4 Who cause mental illness?
Although the exact
source of mental illness is not known, research points to a mix of genetic,
biological, psycho social, and environmental factors as being the root of most conditions. In the case of Jackson v. Indiana (406U.S. 715 (1972).)
Since this combination of causes is complex,
there is no sure way to prevent mental illness. However, we can reduce our risk
by practicing self-care, seeking help when we need it, and paying attention to
early warning signs.
2.5 What are the laws regulating
treatment of persons with mental disorders?
Relationship between psychiatry and law most often comes into
play at the time of treatment of (Person with mental disorder) PMI. Treatment
of PMI often involves curtailment of personal liberty of psychiatric patients.
Most of the countries in the World have laws regulating treatment of
psychiatric patients. Though there are elaborate descriptions of various forms
of mental disorders in various treatises in Ayurveda the care
of mentally ill in the asylums in India is a British innovation After
the takeover of the administration of India by the British crown in 1858, a
large number of laws were enacted in quick succession for controlling the care
and treatment of mentally ill persons in British India These laws were
- The Lunacy (Supreme Courts)
Act, 1858
- The Lunacy (District
Courts) Act, 1858
- The Indian Lunatic
Asylum Act, 1858 (with amendments passed in 1886 and 1889)
- The Military Lunatic
Acts, 1877.
Warning
Signs of Mental Illness
3.1 What are some of the warning signs
of mental illness?
Symptoms of mental health disorders vary depending on the
type and severity of the condition. The following is a list of general symptoms
that may suggest a mental health disorder, particularly when multiple symptoms
are expressed at once.
·
Eating or sleeping too much or too little
·
Pulling away from people and usual activities
·
Having low or no energy
·
Feeling numb or like nothing matters
·
Having unexplained aches and pains
·
Feeling helpless or hopeless
·
Smoking, drinking, or using drugs more than usual
·
Feeling unusually confused, forgetful, on edge,
angry, upset, worried, or scared
·
Yelling or fighting with family and friends
·
Experiencing severe mood swings that cause problems
in relationships
·
Having persistent thoughts and memories you can't
get out of your head
·
Hearing voices or believing things that are not
true
·
Thinking of harming yourself or others
·
Inability to perform daily tasks like taking care
of your kids or getting to work or school
3.2 Can people with mental illness
recover?
When healing from mental illness, early identification and
treatment are of vital importance. Based on the nature of the illness, there
are a range of effective treatments available. For any type of treatment, it is
essential that the person affected is proactive and fully engaged in their own recovery process.
Many people with mental
illnesses who are diagnosed and treated respond well, although some might
experience a return of symptoms. Even in such cases, with careful monitoring
and management of the disorder, it is still quite possible to live a fulfilled
and productive life.
3.3 What should I do if I know someone
who appears to have the symptoms of mental disorder?
We must encourage those
with symptoms to talk to their friends and family members and seek the counsel
of a mental health professional. The sooner the mental health condition is
identified and treated, the sooner they can get on the path to recovery.
If we know someone who is
having problems, don't assume that the issue will resolve itself. Let them know
that we care about them, and that there are treatment options available that
will help them heal. Speak with a mental health professional or counselor if we
think our friend or family member is experiencing the symptoms of a mental
health condition. If the affected loved one knows that you support them, they
will be more likely to seek out help. Uma Manickam v. The Inspector of Police (14th September 2007.)
3.4 What treatment option is available?
Just as there are
different types of medications for physical illness, different treatment
options are available for individuals with mental illness. Treatment works
differently for different people, so it is important to find what works best for
them.
3.5 What is National Mental Health
Program (NMHP)?
Recognizing
that Persons with mental illness constitute a vulnerable section of society and
are subject to discrimination in our society; Families bear disproportionate
financial, physical, mental, emotional and social burden of proving treatment
and care for their relatives with mental illness; Persons with mental illness
should be treated like other persons with health problems and the environment
around them should be made conducive to facilitate recovery rehabilitation and
full participation in society.
The
Government of India launched the National Mental Health Programme (NMHP) in
1982, keeping in view the heavy burden of mental illness in the community, and
the absolute inadequacy of mental health care infrastructure in the country to
deal with it. The district Mental Health Program was added to the Program in
1996. The Program was re- strategized in 2003 to include two schemes, viz
Modernization of State Mental Hospitals and Up-graduation of Psychiatric Wings
of Medical Colleges/General Hospitals. The Manpower development scheme became
part of the Programme 2009.
The three main component of NMHP
- 1. Treatment
of mentally ill.
- 2. Rehabilitation.
- 3. Prevention
and promotion of positive mental health.
Mental Health Care Act 2017
The
Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from
July 7, 2018. The law was described in
its opening paragraph as “An Act to provide for mental healthcare and services
for persons with mental illness and to protect, promote and fulfill the rights
of such persons during delivery of mental healthcare and services and for
matters connected therewith or incidental thereto. “ This Act superseded the
previously exiting the Mental Health Act, 1987 that was passed on 22 May 1987.
3.6 How Mental Health is related to
Indian Contract, Hindu Marriage, Testamentary Capacity?
Lack of sleep or poor sleep can cause drivers to fall asleep behind the wheel & for that reason they get into a serious road accident. Motor vehicle accidents due to drowsy driving is happening which may cause death of the driver or the passenger or may be the pedestrian over the road or it might collide with other vehicle which cause damages. Sleeping duration less than Seven hours a night is a serious issue & for that reason person's starts believing that their sleep was of poor quality and the consume Medical Drug. Researcher founded that accidents due to drowsy driving mainly involve Young generation.
Distracted driving is a complex issue which effects drivers of all age groups. Distracted drivers are the main cause of car accidents where a driver who diverts his or her attention from the road, usually to talk on a mobile or may be some other reason which turns the concentration.
Alcohol-impaired driving accidents occurs the most nowadays.Each year, lakhs of accidents occurs with drunk drivers which caused life death, permanent or partial disabilities, it may also damage others property or effects others by injuring them. It causes tragedy making it one of the top causes of automobile accidents. DRINK & DRIVE makes our senses impair both vision & hearing which results in decreased muscle coordination. 
Mechanical failures in vehicles may be a bigger problem which became the critical reason for accidents nowadays. These mechanical failures may be due to the internal vehicle related problems. Due to such mechanical problems driver may loses his or her control and faces fatal accident.
In our daily life while we are out for our daily work very often we witness our self by seeing accidents that occurs due to over speeding of motor cycle or car or nay other vehicles & all of us know very welly that what it can do to our life if any one gets injured in an accident that involves over speeding. It can cause death or physical disablement. As a result, personal injuries are worse in car accidents at high speeds. 
