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Speaking the Taboo: Mental Health and related Law in India | By Saumya Sonkar

In the current situation of the COVID-19 pandemic, mental health is an issue that has drastically affected people all over the world. People are facing depression, stress, and anxiety which is because of disruption in the daily routine of people. Although mental health is generally considered a common term, many conditions that doctors recognize as psychological disorders have physical roots. Many casualties have also happened due to mental illness during these difficult times. People have different opinions and thoughts about this where some are correct while others are simple myths. First, let’s look at its definition.

Definition

Mental health refers to cognitive, behavioral, and emotional well-being. It is all about how people think, feel, and behave. People sometimes use the term “mental health” to mean the absence of a mental disorder.

According to WHO,

“Mental health is a state of well-being in which an individual realizes his or her own abilities can cope with the normal stresses of life, can work productively, and is able to make a contribution to his or her community.”

In simple words, mental health is about the wellness of the mind rather than illness.

Mental Health and Mental Illness: Are they the Same?

‘Mental health’ and ‘mental illness’ are increasingly being used as if they mean the same thing, but they do not. Everyone has mental health, just like everyone has health but mental illness is an illness that affects the way people think, feel, behave, or interact with others.

Mental Health and India

According to WHO, the burden of mental health problems are of the tune of 2,443 DALYs per 100,000 population, and the age-adjusted suicide rate per 100,000 population is 21.1. It is estimated that, in India, the economic loss, due to mental health conditions, between 2012-2030, is 1.03 trillion dollars.

Mental health workforce in India (per 100,000 of population) includes psychiatrists (0.3), nurses (0.12), psychologists (0.07) and social workers (0.07), is very low.

The problem in India is that no one is willing to take mental illness as an issue to speak on. It's still taboo to speak about one’s mental health and even the fear of visiting a psychiatrist is persistent.

Mental Health and Laws in India

The Mental Health Care Bill 2013 was introduced to the Rajya Sabha in August 2013 and after 134 official amendments, was passed in August 2016. Properly implemented, mental health legislation such as this plays a key role in protecting the rights of the mentally ill, ensuring access to care, and promoting social justice for the mentally ill, their families and carers.

Source- kractivism.com

 Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018. It states that mental illness is determined "in accordance with nationally and internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government." This Act superseded the previously existing Mental Health Act, 1987 that was passed on 22 May 1987.

Conclusion

These points above reflect the idea that mental health is an important part of livelihood but is not given the needed attention at times. In the current situation of the COVID-19 pandemic, this issue has been raised and affected a lot of people within the country and worldwide. It’s high time that this issue must be taken seriously and the necessary steps regarding the same must be taken.

               On an individual level, we can help our friends, family members, and neighbors by talking to them and initiating to help them speak up for their problems. The more they will be able to talk about issues that are mentally affecting them, the more one can understand the root problem which will lead them to better solutions and eventually help them to solve it. Also, awareness of mental health is very important. One can talk to people they know and can share their experiences and educate others.

To conclude, I would like to say that mental illness is not a big issue until we help each other to get through such situations and speak up. 


Reference


*Author is a First-year student of B.A.LL.B(Hons) at Law School, BHU

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