This book comprehensively discusses the background to the passing of India's revolutionary Mental Healthcare Act, 2017, offering a detailed description of the Act itself and a rigorous analysis in the context of the CRPD and the World Health Organization (WHO) standards for mental health law. It examines the fine balance, between complying with the CRPD while still delivering practical, humane, and implementable legislation. It explores how this legislation was shaped by the WHO standards and provides insights into areas where the Indian legislators deviated from these guidelines and why. Taking India as an example, it highlights what is possible in other low- and middle-income countries. Further it covers key issues in mental health, identifying potential competing interests and exploring the difficulties and limitations of international guidelines.The book is a valuable resource for psychiatrists, nurses, social workers, non-governmental organizations and all mental healthcare workers in India and anyone studying human rights law.
Background to Mental Health Law.- The United Nations and Mental Health Law.- The World Health Organization and Mental Health Law.- History of mental health law in India.- India’s Rights of Persons with Disability Act 2016.- India’s Mental Healthcare Act 2017.- India’s Mental Healthcare Act 2017 and the WHO Checklist on Mental Health Legislation.- Non-concordance, omissions, deviations.- Social rights in mental health law.- Adhering to conventions: intentional grey areas or shirking responsibility?.- Conclusions.- Afterword by Soumitra Pathare.
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