beginning of civilization, persons with mental health problems

From the very beginning of civilization, persons with mental health problems have not received adequate care and concern. It was believed that they do not have any productive value in the social-economic system and are a burden for society (Vigo et al., 2016). Not only these persons are neglected, but they also had to undergo step-motherly treatment by the healthcare planners, particularly in developing nations like India. Under the circumstances, the requirement of incorporating the human rights laws and liberal jurisdiction in the legal system of the country resulted in the need for taking appropriate steps to ensure the care and treatment of persons suffering from mental illness (Buckley, 2013). It cannot be denied that persons with mental health issues also deserve similar privileges that are available to any other person. The report studies the Indian population, which is considered to make the present report. However, on account of the stigma, intolerance, the residual disability as well as the inability of the person with mental health problems to raise their voice against exploitation, had made the issue related with basic human rights of these persons, a cause of concern (Gaur and Ram, 2016).

Background:

The citizens of India, including the persons with mental illnesses, are entitled to the human and fundamental rights that have been guaranteed to all the citizens of India by its Constitution (Patel et al., 2015). These are available to the extent that their disability is not going to prevent them from the enjoyment of the sites on where the enjoyment of the Zeiss has been expressly or impliedly prohibited by the Constitution or any other law. In this regard, the fundamental right to life and liberty is treated as including the right to life with dignity and also the right to health. Several verdicts of the Supreme Court are present in which this position has been upheld (Ramamurthy et al., 2019). At the same time, the Supreme Court of India has also provided that maintaining and improving public health is a major obligation of the authorities that have been imposed on account of article 21 of the Constitution. Therefore it can be stated that the mental health patients have fundamental rights enshrined in the Constitution and human right of receiving health care and also to live in humane conditions (Inam,2010). The focus population is going to be the people of India.

Mental Health Issues:

Persons with serious mental health problems are a special group with disabilities. The concern related to the problems of this group is twofold. Therefore, it is not only concerned with providing the privileges of living in the society, with other people, but it also requires to make sure that these people have a right to protection against mental health exploitation. It must be included under Articles 23 and 24 of Fundamental Rights of Indian Constitution (Sharma, 2015). The human rights available to mentally ill persons are required to be protected by domestic legislation. However, it is available to the mentally ill persons that they may need special and additional protection due to the history of abuse of human rights, discrimination and stigma attached with it and sometimes on account of the peculiarities related with mental health problems (Mann, Bradley & Sahakian, 2016). Sometimes the persons with mental illnesses are considered as “non-persons”, same as the children or in some cases, the animals are treated. On many occasions, it is considered that these persons do not have the decision-making capacity available with the adults. The result is the complete disregard of their human rights (Gupta,2018).