THE MENTAL HEALTHCARE ACT, 2017: AN EVALUATION

Abstract

The Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017 have been enacted to ensure India‟s compliance under the United Nations Convention on the Rights of Persons with Disabilities [“UNCRPD”]. The objective of this paper is to evaluate if these legislations, in particular the Mental Healthcare Act, comply with the letter and spirit of the UNCRPD. The evaluation will be on two aspects. First, if the „universal legal capacity‟, which is at the heart of the UNCRPD, has been achieved. Second, whether the shift from „substituted legal capacity‟ to „supported legal capacity‟ as required under Article 12 of the UNCRPD has occurred. I conclude by stating that the Mental Healthcare Act, 2017 is India‟s reluctant acceptance of its International obligations. The Act speaks in two voices, the first carries forward its predecessor‟s intention to deny capacity for people with psycho-social disability, and the second is a reluctant attempt towards complying with the UNCRPD. The resultant confusion does not bode well for the true realization of the rights of persons with disabilities.