LEGAL METHODS PROJECT

NAITONAL LAW UNIVERSITY ODISHA

TOPIC: THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT

KILLER

Submitted to: Submitted by:

Mr. PALLAB DAS PIYUSH BALOT

(Research cum Teaching Assistant) (18BA075)

1
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

TABLE OF CONTENT

INTRODUCTION ..................................................................................................................... 4

SECTIONS OF SOCIETY MOST SEEING RISING CASE OF MENTAL ILLNESSES ...... 4

CAUSES OF MENTAL ILLNESS ........................................................................................... 5

LEGAL RIGHTS OF THE DISABLED IN INDIA .................................................................. 7

MENTAL HEALTH LAWS AND CASES IN INDIA ............................................................. 8

COMPARATIVE ANALYSIS BETWEEN INDIA AND CANADA .................................... 10

CONCLUSION ........................................................................................................................ 12

2
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

AIMS AND OBJECTIVES-

The project intends to examine different kinds of mental illnesses their causes, remedies,
legislation and comparative study between India and Canada.

RESEARCH METHODOLOGY-
The project has been prepared through the doctrinal, descriptive and analytical method of
research. We have referred to both primary as well as secondary sources such as case laws,
journals, online resources, articles etc. There is no empirical study involved.

RESEARCHER’S QUESTION-
1. What are mental illnesses?
2. What are the sectors most dealing with mental issues?
3. What are the causes of mental issues?
4. What are the remedies in India for Mental Health?
5. What are the mental health laws and cases in India?
6. What are the laws in Canada and comparison in India?

3
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

INTRODUCTION

“A 38-year-old, news presenter V Radhika Reddy jumped off the fifth floor of her Hyderabad
apartment and left behind a suicide note that said: “My brain is my enemy”. Mental illness is a
condition which impacts a person’s thinking, feeling and mood and also affects his or her ability
to relate to people and function on daily basis. Mental disorder is generally characterized by
irregularity in mood, some combinations of abnormal thoughts, behavior, emotions and
relationships with others.
Mental health, one of the most essential parts of health is not just related to mental illnesses, it
is more than that. It refers to a much broader range of activities directly or indirectly related to
the mental well-being, prevention of mental disorders, and treatment and rehabilitation of
people affected by mental disorders.
India, the world’s second most populous country with a population of 1.3 billion is facing a
serious mental health crisis. According to a report by the World Health Organisation, around 56
million people are suffering from depression and 38 million from anxiety disorders in India. It is
believed that mental distress is the major reason for the growing suicide cases in the country.1
The country which is dreaming of hosting its flag by 2022 in the space still appears to be at
slower pace in the field of mental health development.

SECTIONS OF SOCIETY MOST SEEING RISING CASE OF MENTAL ILLNESSES

In India, mental illnesses are almost affecting all sections and all age groups of society in some
or the other ways. Mental illnesses such as anxiety disorders, depression and substance use
disorders are highest, of about 10% of the country’s population. As per the information reporting
site, India spend, no less than 60 million Indians experience the ill effects of mental issue. At
exhibit, individuals with dysfunctional behaviors represent almost 6.5% of India's populace. By

1
Maria Thomus ‘Charted: India’s shocking attitudes towards mental illness’ QUARTZ INDIA(March 26, 2018)
<https://qz.com/india/1237314/fear-and-apathy-how-indians-look-at-those-suffering-mental-illnesses/> as accessed
on 23august 2018.

4
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

2020, the number is assessed to be 20%.2

 About 22.4 % of the population above 18 years suffers from substance use disorder.
Tobacco and alcohol use disorder were among the highest substance use disorder.
Alcohol use was higher in males about 9% as compared against women about 0.5 %.
 It is reported that almost 1 out of 20 females in India suffer from depression in the age-
group of 40-49 years. 3.5% of depression are reported in the elderly women.
 It has been reported that 1% of the total population of women of age group between40-
49, suffer from high suicidal tendencies, residing in urban metros.
 1.9% of the male population especially residing in urban metros suffers from
schizophrenia and bipolar disorder.
 The prevalence of mental illness is higher among males, which are 13.9 % as compared
to females 7.5 %. There are certain specific mental illnesses like mood disorders
(depression, neurotic disorders, phobic anxiety disorders etc) are more in females.
Neurosis and stress related illness is also seen to be more in women.
 In teenagers of age group between13 to 17 the prevalence of mental illness is 17.3%. The
most common mental disorders are depression, anxiety, intellectual disability, autism
spectrum disorder, phobic anxiety disorders, and psychotic disorder.

CAUSES OF MENTAL ILLNESS

1. IN CORPORATE SECTOR
 Not having a job or being in the wrong job
 Some traumatic events in childhood
 Financial ill-health
 Substance drugs and alcohol
 Medical history of depression in family
 Chronic health problems

2
India’s mental health crisis: A PPP between State and private mental health professionals can help’ Hindustan
Times(Apr 09, 2018) <https://www.hindustantimes.com/editorials/india-s-mental-health-crisis-a-ppp-between-state-
and-private-mental-health-professionals-can-help/story-Q2l1i5PxWRdgIbpHh4ObuM.html> as accessed on 23
august 2018.

5
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

 Relationship issues such as of marriage and affairs etc.

 Isolation from society
2. IN WOMEN
 Women usually have problem of factual hormonal changes throughout their life,
especially during menstruation, childbirth, and menopause which stimulate mood
changes similar to those in depression, therefore making women vulnerable to stress. And
rising cases of miscarriage also lead to a massive amount of sadness and a feeling of
emptiness leading to mental illnesses.
 Early marriage, lack of family support and gender disadvantages
 About 70% of married women, according to UN reports, are victims of, rape, coerced sex
beatings. Other common forms of violence include female feticide, domestic violence,
dowry death or harassment, mental and physical torture, sexual trafficking, and public
humiliation. On the other end of the spectrum, we have sexual harassment at work, which
often goes unreported but has long-term effects on women’s psychological makeup as
well as livelihoods.
 Lack of access
 Socio political reasons
3. IN YOUNGSTERS
 Due to peer pressure, youngsters indulge themselves into doing things that they usually
don’t do. They start living life which is beyond their financial status. Peer pressure can
also lead to feeling of low self-esteem. They choose their friends over their parents and
this distances them from their parents leading to wrong company of friends. If their
peer’s don’t approve they get sad this may lead to mental disorder.
 In schools and colleges there is a lot of academic pressure and different people have
different level of grasping knowledge. Unable to match the level of competition, they get
pressurized leading to mental illnesses.
 It is very common for teenagers to think that nobody understands them and everyone is
against them and they separate themselves from their family and friends and loneliness
leads to mental issues like depression. Unsafe environment at home and school

6
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

 Social media is very popular among youngsters nowadays. They focus on likes and if
they get less likes than expected they get depressed and sad. They also start comparing
themselves to others leading to mental issues.
4. IN FARMERS
 Economic problems like borrowing and poor returning of capital.
 Political problems
 Environmental
 Irregular weather pattern
 Animal diseases
 Marketing produce

LEGAL RIGHTS OF THE DISABLED IN INDIA

Following are the legal rights of the disabled in India:

THE MENTAL HEALTHCARE ACT, 2017
An act to provide for mental healthcare and resources for sufferers with mental illness and to
promote, protect and fulfill the rights of such persons during giving of mental healthcare and
services.
THE MENTAL HEALTH ACT, 1987
Under the mental health act, 1987 mentally ill person are entitled to the following rights
1) A right to be treated and cared in a psychiatric hospital or psychiatric nurishing home
established by the government of India.
2) Even mentally disorder minors and other patient have a right to treatment in psychiatric
hospitals of the government of India.
3) The child or minor under the age of 16 years who are physically and mentally dependent
on alcohol or other drugs which leads to behavioral changes as, and those who were
convicted of any offence are permitted to take admission, treatment and care in separate
psychiatric hospitals or the nursing home by the government.
4) Mentally ill persons have the right to get control, co-ordinate and directed mental Health
services from the government.

7
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

5) The police have to be responsible to take into protective custody a neglected or

wandering mentally ill person, and inform his family members, and also have to produce
such a member or person before the local magistrate for issue of reception orders.
6) Mentally disorder persons can seek voluntary admission in such nursing home and
hospital and children or, minor can seek admission through their parents and relative.
admission can be sought for by the family member of the mentally disorder person on
behalf of minor. Application can also be made by the local magistrate for grant of such
(reception) orders.
7) The police have a responsibility to take into account protective custody a warning or
neglected mentally disorder person, and inform his family members, and also have to
present such a person before the nearby local magistrate for issue of reception orders.
8) Mentally disorder person has the right to be discharged when cured and entitled to leave
the mental health facility in accordance the provision given in the act.

MENTAL HEALTH LAWS AND CASES IN INDIA

The care of mentally ill in the asylums in India is a British innovation even though there are
elaborate descriptions of various forms of mental disorders in various treatises in Ayurveda.
After the takeover of the administration of India by the British crown in 1858, multiple laws
were enacted in one after the other to control 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.

Indian Penal Code, 1860 states that “Nothing is an offence, which is done by a person who, at
the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the
act, or that he is doing what is either wrong or contrary to law.” If defense is established on
ground of insanity, such persons are committed to the Psychiatric Hospitals as per sec 471 (i) of
the Cr.P.C., 1973. There have been instances of lesser sentence on account of mental illness. Sec
8
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

89, IPC provides protection for any action done in good faith for the benefit of a person of
unsound mind by or by consent of the guardian or other person having lawful charge of that
person. Sec 305, Indian Penal Code (IPC) provides for punishment of death or imprisonment of
life for abetment of suicide by an insane person.
In modern times, the Indian Psychiatric Society, an association of over 5,500 psychiatric and
other mental health professionals across the country, has taken objection to Section 2(1)(s) of the
Mental Health Act 2017, complaining that the section has defined the term “mental illness” in a
restrictive and conditional manner. Under this section, a person will get benefits under the
enactment only if his ailment is “substantial” enough to cause “impairment of judgment,
behavioral capacity to recognize reality or the ability to meet ordinary demands of life”. The
petitioner body contended that this conditional definition will “exclude not only the most
common mental illnesses but, also serious mental illnesses like severe depression and delusional
disorders”.
“Mental health concerns continue to be largely neglected, despite the high prevalence of mental
disorders in society. People with mental illness experience violation of their civil, cultural,
economic, political and social rights the world over. India is not an exception with respect to
human rights violations of patients with psychiatric disorders, despite having various legal
measures such as the Mental Health Act 1987, Persons with Disabilities Act 1995 etc., to prevent
the same. Furthermore, India is also a signatory to the Alma Ata Declaration in 1978 that states
that health, which is a state of complete physical, mental, and social wellbeing, and not merely
the absence of disease or infirmity, is a fundamental human right. In 2007, India was among the
many countries that ratified the UN Convention on the Rights of Persons with Disabilities, which
includes People with Mental Impairment. Although India has various legal measures to protect
the human rights of the mentally ill, the proper implementation of these acts came into question
after the Erwadi fire accident in 2001 which caused the death of 25 mentally ill patients who
were chained in a faith based ‘mental asylum’ at Erwadi Village in South India. A recent article
reported a young man with mental illness chained to a tree with ant bites and open wounds on his
legs. What appears to be painfully obvious is that these violations continue to occur in India,
more often in the rural areas of the country. Though there are a number of reports of human
rights violations of the mentally ill in psychiatric institutional settings, such incidents happening
in their own homes are often overlooked and under-reported.”
9
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

India’s first National Mental Health Survey was conducted in 2016 by the National Institute of
Mental Health and Neurosciences (NIMHANS) on the Prevalence, Pattern and Outcomes of
Mental Illness. The survey puts forth some really drastic revelations regarding the state of mental
health in India. According to the survey, 15% of Indians above 18 years are in need of active
interventions for one or more mental health issue.
Worse, a mentally ill person, if “adjudged of unsound mind” by court is robbed of dignity and
basic human rights. The Representation of People’s Act, 1949 disfranchises him/her and the
Constitution of India makes them a non-citizen. Additionally, outdated laws of the country,
disrobe the mentally ill to bare nakedness.”
“Justice D. Y. Chandrachud while hearing the petition on Section 377 of IPC in Supreme Court
observed that Section 21(1)(a) of the Mental Healthcare Act of 2017 barred discrimination on
the basis of sexual orientation in the provision of mental health facilities. But judiciary
indulgence to protect life, right and liberty of the mentally ill is noteworthy as is exemplified by
most recent direction of Delhi High Court (Justice S. Murildhar and Vineet Goel) to Indian Air
Force (IAF) to “review and change its protocol for dealing with issues of stress and substance
abuse in the force, because its systems are not in tune with the law of the land”.”
“Responding to a petition by the father of Corporal Kriyad Yogesh Bankaria, who was illegally
detained in a psychiatric ward for more than two months, the court permitted Bankaria to go
home with his father and prohibited IAF from taking action regarding his medical condition
without prior court approval. While the High Court remains seized of the case, it agreed that IAF
was in gross violations of the law of the land and had inflicted immense irreparable, collateral
damage to the aggrieved on various counts.”
“The observations of High Court are a timely wake up call. Stress level in armed forces has
become alarming, and is palpably apparent in the fact that more than one armed forces man
committing suicide every three days (even one in a year is unacceptable) and there is also
alarming rise in attack on superiors. Suicide, stress, distress and mental illness are colonial
cousin. It is time for the armed forces staff fully fall in line with the new Act, and conduct bold
measures to reduce stress among its ranks.”

COMPARATIVE ANALYSIS BETWEEN INDIA AND CANADA

India is one the most depressed countries in the world.

People are mainly affected from
10
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

anxiety, schizophrenia, depression , obsessive compulsive disorder (OCD) , substances use

disorder , bipolar disorder etc. mental illness should be one of the major concern of our society.3
But instead of it ,it’s mostly deserted problem therefore individual suffering from it faces social
,cultural ,economical problem all over the world and India is no exception to it . It is more
prevalent in India because stigma sticked to it. Inspite of having legal measures like: mental
health act (1987), person with disability act 1995 and the most recent mental healthcare act
(2017) relationship between concept of mental healthcare, it’s treatment and laws pertaining to it
as pr psychiatrist are concerned with their patient’s mental status,treatment, on the other hand
court is concerned with determination of competency. But in recent times there are steps taken to
make situation better a good example is the mental healthcare act 2017. Apart from providing
access to proper healthcare, right to live in social community, right to confidentiality, and most
important prohibiting ETC i.e. electroconvulsive therapy. It also provides with law that provides
women suffering from mental illness not get separated from the child at least till the age of three
or until and unless doctors suggest that mother’s condition is worst that can harm her child. It
also provides with punishment for those who violate their right and it also gives free legal service
to mental patients4.
Also in 2007 India was among those countries who ratified UN convention on right of individual
with mental visibility although there are many proper laws to save the right of mentally ill patient
but proper implementation of such law is a must.
An article in a newspaper reported of a young boy with some mental abnormalities chained to a
tree and left near a forest. Further several traces of wounds were discovered on his body of wild
animal’s attacks. There are over 150 million people suffering with some or the other mental
disorder in India. It has been noticed that doctors, nurses and staffs working in mental asylums
also do not take their good care or even sometimes misbehave with them and because of such
behavior patient become anti social and when someone tries to communicate with them
theyattack them, in order to protect themselves. But situations can be changed. This is the fact
that they are neglected and suffer a lot but with the active involvement of society and local
authorities things can change. Some medical aid, psychiatric treatment and good behavioral

3
Who, ‘mental disorders ‘ (9 /04/ 2018 ) <www.who.int> as accessed on 26/august/2018
4
Monalisa das ‘india has a new mental healthcare law and here is all you need to know about it’ the news minute
(28 march 2017) <www.thenewsminute.com/article> as accessed on 24 august 2018.
11
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

support from society can even bring them back to their normal life as evident from Canada’s
case, there they found gap in appropriate communication between people suffering from mental
ailment and police organization and society. So Canadian police tried to organize and teach their
staffs for successful interaction with people suffering from mental ailment.
Mental Health Commission of Canada (MHCC) worked out to combat social stigma to insure
fair treatment, also tried to exchange knowledge on how to behave with people suffering from
health problems. MHCC also designed an educational based program to council people. A
program sponsored by MHCC included exploring more options on how to deal with mental
health and criminal offence.5
Mental Health First Aid (MHFA) is a help provided to such persons who are at their initial stages
of disease or who are developing it just like how physical aid is administered to an injured
person and this help is extended until the problem is resolved. MHFA Canada program aims to
improve mental literacy, provide skills to manage people better who are suffering from mental
health in themselves, their surrounding or family and around 3,00,000 Canadians have been
already trained. under this program people have been trained from psychological health and
safety in workplace to school and to even in community groups.
In this way we can also overcome some of the remaining obstacles and can proceed to better
future as law and society has a very huge impact on an individual’s life specially those who
suffer from mental health issues as they are the most vulnerable and it mostly affect their social
life their employment opportunity and even their legal rights.

CONCLUSION

As India has a huge population of people suffering from mental illness, it becomes compulsory
for our government to not only make rigid law but also look after their proper implementation.
Hence though government made a good attempt by bringing mental healthcare act 2017 but if it
is only a paper work then it will be of no use. It should be more rigid and punishment should be
rewarded strictly if found guilty. People having mental ailment suffer a lot also because of myths
and taboos around their ill-health also people can work but are not provided with work due to
myth and taboos. Also, if also take initiative like Canada to make society a better place by

5
‘ Mental health and the law’ mental health commission of Canada <www.mentalhealthcommision.canada> as
accessed on 25/ 08/2018.
12
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER
LEGAL METHODS PROJECT

counseling people on how to deal with mentally ill person we need to check on our society so
that Erwadi fire incident do not take place again.

13
THE GROWING CASES OF MENTAL HEALTH ISSUES: A STUDY OF SILENT KILLER