International Journal of Trend in Scientific Research and Development (IJTSRD)

Volume 6 Issue 4, May-June 2022 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470

Mental Health and Mental Illness and Human Rights in India

Miss Anushika Singh1, Mrs. Ekjot Kaur2
1
M.Sc. Nursing Student, 2Assistant Professor, Department of Mental Health Nursing,
1,2
Faculty of Nursing, Rama University, Madhana, Kanpur, Uttar Pradesh, India

ABSTRACT How to cite this paper: Miss Anushika

Human rights violations among the people with mental disease Singh | Mrs. Ekjot Kaur "Mental Health
weren't an uncommon occurrence. the current study was aimed to and Mental Illness and Human Rights in
match persons with psychiatric illness and their caregivers’ India" Published in
International Journal
perceptions regarding the human rights status of individuals with
of Trend in
mental disease within the community. 80%of the population suffering
Scientific Research
with mental disease lives in low and middle-income (LAMI) and Development
countries- WHO 2009, WHO (2016) estimated that globally over 450 (ijtsrd), ISSN: 2456-
million people (7- 10% of the globe population) plagued by mental 6470, Volume-6 | IJTSRD50146
disorders. Nearly one third of the worldwide burden of mental Issue-4, June 2022,
disease and habit disorders is borne by India and China combined. pp.575-578, URL:
consistent with the estimates DALYs loss because of mental www.ijtsrd.com/papers/ijtsrd50146.pdf
disorders are expected to represent 15% of the world burden of
diseases by 2020In India the burden of mental and behavioral Copyright © 2022 by author(s) and
disorders ranged from 9.5 to 102 per 1000 population- NIMHANS International Journal of Trend in
2010. By 2025 disturbance cases in India will go up by 23%. Scientific Research and Development
Journal. This is an
KEYWORDS: Mental health, Mental illness, Legal aspects, Open Access article
psychiatric nursing, Human rights in mentally ill distributed under the
terms of the Creative Commons
Attribution License (CC BY 4.0)
(http://creativecommons.org/licenses/by/4.0)

INTRODUCTION:
The mental state Care Bill 2013 was introduced to the the standard demands of life, This mental condition
Rajya Sabha, India's upper house of parliament, on 19 sometimes related to abuse of alcohol and medicines.
August 2013. The legislation aimed “to provide for This act to guard the rights of an individual with
psychological state care and services for persons with psychopathy, and thereby facilitating his/her access to
mental state and to shield, promote, and fulfil the treatment by an advance directive, how he/ she wants
rights of such persons during delivery of mental state to be treated for his/her illness.
care and services and for matters connected there with
World Health Organization (WHO) states that
or incidental there to” (Preamble). The dual emphasis
individuals are “facing a worldwide human rights
on providing care and promoting rights is critically
emergency in mental health” as many countries has
important in India, because it is elsewhere. This
lacking the fundamental legal framework to safeguard
legislative initiative is therefore an exceptionally
those with a disability.
important one with real potential to enhance the
position of the unsound and enhance their experiences MENTAL HYGIENE
of fine mental state, social justice, and liberty. This It is a science which deals with the method of
paper examines this development within the broader accomplishing of psychological state and preserving
global context of human rights, psychological state, mental state in society. The term psychological state
and psychopathy. is closely related with psychotherapeutics. That’s why
we are saying that psychotherapy is that the means
On March 27, 2017, Lok Sabha passed the mental
and psychological state is that the end. The four
state care act, 2017 which got approval from
important functions of psychotherapy are; prevention
honorable president of India on April 2017. The
of mental problems, developing creative programs
recent act defines: “mental illness “is a disorder of
like counseling, psychotherapies etc., preservation
thinking ,mood, perception, orientation, or memory
through education and training of health personnel.
that fully impairs judgment or make unable to fulfill

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 International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
MENTAL HEALTH: WHO (2016) estimated that globally over 450
Mental health is that the ability of a personal to cope million people (7- 10% of the planet population)
adoptively with stress of living and to attain and plagued by mental disorders.
maintain optimal adjustment. Nearly one third of the world burden of
psychopathy and habit disorders is borne by India
According to WHO –A state of well-being within
and China combined.
which the individual realizes his or her own abilities,
can deal with the traditional stress of life can work According to the estimates DALYs loss because
of mental disorders are expected to represent 15%
productively and fruitfully, and is ready to create a
contribution to his or her community. of the world burden of diseases by 2020
In India the burden of mental and behavioral
MENTAL HEALTH FACTS: disorders ranged from 9.5 to 102 per 1000
80%of the population suffering with psychopathy population- NIMHANS 2010.
lives in low and middle-income (LAMI) By 2025 psychological disorder cases in India
countries- WHO 2009 will go up by 23%.
COMPONENTS OF MENTAL HEALTH
Mental health exists the presence or absence of mental state from a personal behavior (cognitive, conative and
effective).

INDICATOR OF MENTAL HEALTH

MENTAL ILLNESS: disorders are understood as clinically significant

Mental illness is the disease or condition that affects conditions characterized by alteration in thinking ,
the person logical thinking, feelings behavior and it mood (emotion) or behavior related to personal
also affects his or her surroundings. The symptoms of distress and /or impaired functioning.
mental disease can range from mild to severe and are
Sign and symptoms of mental illness
different looking on the kind of mental disease, an Rigid and consistently deviates behavior of an
individual with an untreated psychopathy often is individual from the socially and culturally
unable to address life’s daily routines and demands. accepted norms.
According to WHO – Mental and behavioral

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 International Journal of Trend in Scientific Research and Development @ www.ijtsrd.com eISSN: 2456-6470
Judgment and reality perception are impaired. Right to equality and nondiscrimination
uncontrolled behavior. • Everybody must be treated as adequate person
with physical illness.
Behavior of a person leads to discomfort to self • No discrimination on any basis including gender,
and others. sex, sexual orientation, religion, culture, caste,
Dysfunctional and self-harming behavior. social or philosophy, class or disability.
Disturbance in psychomotor behavior (motor Right to information
retardation or excitement, agitation, restlessness). • Must be told about the act or the opposite relevant
law
Disturbance in intellectual functioning such as
• Right to assess an application to the concerned
impaired judgment, memory, perception,
board for a review of the admission.
orientation, consciousness, attention,
concentration, thoughts, language and • Right to know the nature of his illness and
communication. proposed treatment plan. This include proposed
treatment and its known side-effects.
Disturbance in biological process loss or increase
appetite, lack or excessive sleep, loss of weight, Right to confidentiality
fatigue, sexual dysfunction, disturbance in sign, • A person with mental illness has the right to
nausea, vomiting, headache etc. confidentiality in respect of his mental health,
mental health care, treatment and physical health
Disturbed emotional functioning (usually care.
depressed or elevated mood and blunt, labile, • All health professional providing treatment to a
inappropriate affect). person have a duty to keep all information
RIGHTS OF THE PERSON HAVING MENTAL confidential.
ILLNESS Restriction to spreading of information in
Person with condition are the vulnerable population respect of mental illness
of right violation. Efforts are made to safeguard the • No photograph or any other information relating
human rights of the person having status. Provision of to a person with mental illness should be released
strict punishment has been made under National to the media without the consent of the person.
status Care act, 2017. • The right to confidentiality is also applied to all
Human rights of the person with psychopathy as per information stored in electronic or digital format.
the National condition Care act, 2017 are described as Right to assess medical records
below:
• All person with mental illness have right to access
Right to access mental health care their basic medical records.
• Everybody contains a right to access • Patient information or records can be refuse by
psychological state care and treatment from the the medical officer if discloser would result in: i)
government funded or run institutions . Serious mental harm to the patient ii) Possibility
• Acute inpatient and outpatient services. of harm to other person
• Support person with psychological state to live Rights to personal contacts and
within the community with their family. communication
Right to community living • A person with mental illness has the right to
1. Everybody with psychopathy incorporates a right refuse or receive visitors and make telephone
to live in society. subject to the norms of the mental health
2. Person must not be in an exceedingly asylum institutions.
merely because he doesn't have a family or is • Patient can send or refuse to receive mail through
homeless or due to absence of community based electronic mode including through email.
facilities.
Right to legal aid
Right to protection from savage, in person and • A person with mental illness is permitted to
degrading treatment receive free legal services to exercise any of his
• Everyone with psychopathy features a right to rights given under this act.
live with dignity. • Person must be informed that he is entitled to free
• One and all with mental state must be protected legal services.
against cruel, inhuman or degrading treatment in
any condition institution.

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Right to make complaints about deficiency in state, stigma, discrimination, etc. All approaches to
provision of services the legal aspects should aim at being practically
• Any person with mental illness or his nominated useful still nearly as good legal ethics must help
representative has the right to complaint regarding inform and guide to people who are directly involve
deficiencies in provision of care, treatment and in moral issues in psychiatric health care.
services in a mental hospital. REFERENCES
ISSUES IN MEETING THE PATIENTS RIGHTS [1] Brendan D. Kelly, Indian journal of psychiatric,
Every person with mental illness has basic rights. A psychological state, Mental health, mental
conflict may occur between the patient civil rights illness, human rights in India. 2016, wolters
and the mental health care services in order to give Kluwer-medknow publications, Dec,
safe and effective care. Some of the common issues 58(Suppl2):S168-S174., Available form:
are; www.ncbi.nlm.nih.gov.
Informed Consent [2] Vijayalakshmi Poreddi, Ramachandra, Indian
Confidentiality journal of psychiatric, people with mental state
Legal Disclosure and human rights, 2013april -june; wolters
Right to treatment Kluwer-medknow publications, 55(22): 117
Right to refuse treatment
Least restrictive alternative [3] A Bharat pareek Sandeep Arya, A Textbook of
Use of restrain and seclusion Psychological state and psychiatric nursing,
Edition 2nd, vision health sciences publisher,
CONCLUSION chapter -1, page no – 1to3, 10.
The importance of legal aspects in psychiatry is to
exercise the rights of the insane patients. It requires [4] A Bharat pareek Sandeep Arya, A Textbook of
the encouragement of mental status professional, who psychological state and psychiatric nursing,
are essentially obliged to refrain from restricting Edition 2nd, vision health sciences publisher,
practices. there's an equal and powerful must to chapter -14, page no – 351, 359 to 362.
involve the caregivers in framing mental state policies [5] Christos Iliadia, Dr., Aikaterini Frantzana, Dr.
that are ethically and legally sound and at the Human rights of mentally unstable patients,
identical time tailoring to their needs and also the vol. no. 2(2019): MHGCJ-2019 Issue2/articles,
bottom realities of this developing country, like Available form: http://
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