The Ongoing Process of Amendments in MHA-87 and PWD Act-95 and Their Implications on Mental Health Care

By Narayan, Choudhary; Narayan, M. et al. | Indian Journal of Psychiatry, October-December 2011 | Go to article overview

The Ongoing Process of Amendments in MHA-87 and PWD Act-95 and Their Implications on Mental Health Care


Narayan, Choudhary, Narayan, M., Shikha, Deep, Indian Journal of Psychiatry


Byline: Choudhary. Narayan, M. Narayan, Deep. Shikha

Earlier mental health legislations in India, i.e. Indian Lunatic Asylum Act 1858 and Indian Lunacy Act (ILA) 1912, were primarily concerned with custodial aspects, and human rights aspects were hardly addressed in these laws. After the Second World War, "Universal Declaration of Human Rights" was adopted by the UN General Assembly in 1948 and India was a signatory to it. Therefore, it became pertinent to make appropriate changes in the ILA, 1912, which was in force at that time in India. The need of a new law led the Indian Psychiatric Society (IPS) to submit a draft Mental Health Bill in 1950. [sup][1] But the government initiated the process for enactment only in 1978 and introduced the Mental Health Bill in the Lok Sabha. After a long and protracted course, Mental Health Act (MHA), 1987 was finally enacted in 1987. After framing of the Mental Health Rules in 1990, it was finally notified to come into force in all the States and Union Territories only on April 1, 1993. But because of a large number of very complicated procedures, defects, and absurdities in the Act and also in the Rules, it could never be implemented properly. [sup][2]

Similarly, "Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific region" was adopted by "Economic and Social Commission for Asian and Pacific Regions" at Beijing in December 1992, in which India was also a signatory. To fulfill obligation under the proclamation, Persons with Disabilities (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS, AND FULL PARTICIPATION) Act, 1995 was enacted. UN convention on right of people with disability (UNCRPD) was adopted in December 2006. [sup][3]

At its foundation are the inherent dignity and the equal and inalienable rights of all people. After India ratified the UNCRPD, revision of all legislations relating to persons with disabilities (PWD) to bring them in consonance with the UNCRPD became obligatory for the government. Therefore, the process of amendment in of the MHA, 1987 and the PWD Act, 1995 was initiated by the Government of India in 2010. Ministry of health and family welfare (MHFW) initiated the process of amendment in MHA-1987, whereas that in respect of PWD Act, 1995 was initiated by the ministry of social justice and empowerment (MSJE).

United Nations Convention for Rights of People With Disabilities

UNCRPD was adopted in December 2006 and it was ratified by the Government of India in September 2007. Later, it was approved by the Indian Parliament in May 2008. In fulfilment of their obligations under the UNCRPD, state parties are required to bring their laws and policies in harmony with the convention. The purpose of the UNCRPD is to promote, protect, and ensure full and equal enjoyment of all human rights and fundamental freedoms by all PWD and to promote respect for their inherent dignity. The convention marks a paradigm shift in thinking about disability from a social welfare concern to a human rights issue. The new paradigm is based on the presumption of legal capacity, equality, and dignity, and it acknowledges that societal barriers and prejudices are themselves disabling. There has to be non-discrimination, equality of opportunity, and full and effective participation and inclusion in the society for PWD. Clauses 2, 3 and 4 of the Article 12, which is concerned with legal capacity of PWD, are reproduced below.

2. States parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

3. States parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

4. States parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

The Ongoing Process of Amendments in MHA-87 and PWD Act-95 and Their Implications on Mental Health Care
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.