Need for Mental Capacity Act and its assessment in India

Abstract

Everyone has the right to live with liberty; but, in India a person with any kind of mental illness often faces inhumane behavior. To avoid such conduct and protect human rights, amendments in legislation will be needed. Modifications have been made in mental health laws to harmonize it with the United Nations Convention for Rights of Persons with Disabilities and a new Mental Health Care Bill was introduced in Rajya Sabha in 2013. However, the bill lacks inclusion of mental capacity assessment related legislation, which is essentially required for welfare of the people with health problems especially in the case of mental health. Mental capacity related legislations advocate the provision of treatment in the patient's best interests and thus, is acknowledged in most of the developed countries of the world. In all spheres of life the mission of the country is to remain dedicated to the best interests of its citizens and so is the case for mental health care. It high time when the country needs concerted efforts of academicians, administration and policy makers to amend the prevailing legislation and introduce and pass an act in favor of human rights.