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Mental Health Law Vis-À-Vis Rights Of The Mentally Ill Persons In India




Dr. Thounaojam Tapasini Devi, Assistant Professor, Department of Law, Manipur University

ABSTRACT

The Mental Health Care Act, 2017 has defined “ mental illness” under Section 2(1)(s) as a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation.” This paper will focus on the international as well as the domestic laws relating to mental health. Apart from this, the paper will seek to discover the rights of the persons with mental illness provided in the existing laws. As a citizen of India, they are equally entitled with all those human as well as the fundamental rights which are guaranteed to each and every citizen of the Nation by the Constitution of India.

Keywords: Mental Health, Mentally Challenged, Legal Rights, Fundamental Rights, Constitution.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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