The Constitution of India Provisions

The Constitution of India has guaranteed the right to treatment under Article 21 as a Fundamental Right. In addition, here are special provisions for the safety of the Mentally Ill under the Mental Health Act, 1987. The United Nations (UN) has, affirmed that a mentally ill person should, at all times, be treated with humanity, and, respect for the inherent dignity of the person. The Government of India is a signatory to the UN principles for Mental Illness, 1999.

Provisions of the Mental Health Act, 1987

This Act provides for:

• Supervision and Licensing of mental health facilities. According to this Act, all mental health facilities must be licensed by the Mental Health Authority of the respective states.
• Guardianship and Management of Properties.
• Involuntary admission and Discharge.
• Role of the Police in facilitating admission of involuntary patients.
• Functions and Duties of the State Mental Health Authority.

Provisions of the Persons with Disability and Equal Opportunity Act, 1995

• Equal opportunities to the disabled, protection of their rights and for measures to bring about their full participation in society are specified. Mental Illness is recognized as a disability under this legislation.
• The Chief Commissioner appointed under this Act has powers of a civil court to punish discrimination and injustice to mentally ill persons.
• Care givers need to look up this Act for various benefits such as the Identity Card that entitles them to railway concessions, employment loans, IT rebates under Section 80DD and Section 80 U of the Finance Act, 2003.
• Three percent reservation in Government jobs is available for other disabled but not for mentally challenged persons.
• Similarly, right to free education for all disabled persons up to 18 years of age. However, mental illness strikes around that age. So one could question the value of such a provision.

Other Laws

A person of unsound mind is legally competent to contract. However, if there is unsoundness of mind at the time of making the contract, such a contract is voidable in Law. Hence, if the contract of a person of unsound mind is challenged, evidentiary proof on soundness of mind when the contract was made would be required.

Lays down that only a person of sound mind can dispose of property by will. For persons under treatment for mental illness, see Mental Health Act, 1897. Under the existing legal provisions, the safest option is to set up a private trust under the Indian Trust Act. (State Bank of India, Estates cell division provides services of Trusteeship or co-trusteeship for beneficiaries of private trusts)

1. These issues are dealt with under the Hindu Marriage Act 1955, the Special Marriage Act 1954, the Indian Divorce Act 1869, the Parsi Marriage and Divorce Act 1836 and Muslim Law.
2. Other Criminal Issues are covered under the Criminal Procedure Code and Indian Penal Code

(Above excerpts and information is from Dr.Vijaynagasway, " The splintered mind. Understanding mental illness ". Penguin Books India, 2004 with prior permission of the author)