Scrutinizing The Legal Foundations Of The Right To Mental Health: A Comparative Examination

Scrutinizing The Legal Foundations Of The Right To Mental Health: A Comparative Examination Within Indian And International Legal Paradigms

Adv. S Sreelekshmi Kartha, Advocate at High Court of Kerala, associated with K.R. Mohanan Associates

ABSTRACT

This research paper offers a comprehensive analysis of the Right to Mental Health, comparing the legal frameworks in Indian and international contexts. It explores the complex landscape of mental health rights, emphasizing state responsibilities in ensuring citizens' well-being. The World Health Organization and international agreements like the International Covenant on Economic, Social, and Cultural Rights play crucial roles in global health promotion. In India, the Constitution's Directive Principles oblige the State to ensure public health and aid ring sickness and disability. While the Indian Constitution doesn't explicitly define the right to health as a fundamental right, it falls under the pursuit of social, economic, and political justice. The enforceability of Directive Principles has evolved with increasing recognition of social and economic rights. Legal precedents in India have also expanded the scope of the right to health. This research highlights the significance of mental health legislation in protecting human rights, enhancing mental health services, and fostering the integration of those with mental disorders into communities, underscoring the need for such legislation as an integral component of national mental health policies.