Chronological Record of Various Acts that were Implemented for Persons with Mental Illness

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The Indian Judicial System is described as a system which is partly a continuation of the legal system, established by the British and follows a structure which is a combination of American Legal System and the British Legal System. It follows a hierarchical construction in the order of the court with Supreme Court (SC) at the top, followed by the High Court (HC), further followed by the District Courts (DC). The Indian Judicial System is an independent entity, which does not fall under the control of the government and its various branches. The treatment of persons with mental illness has been documented in the ancient Ayurvedic texts, but introduction of a separate institution for the sole purpose of the care of the mentally ill is a British introduction. This assignment will provide a chronological record of the various Acts and provisions that were implemented for persons with mental illness. It will also provide certain benefits and setbacks of the laws and the various programs planned to overcome them. The assignment will then move on to discuss two case studies which shows the application of the mental health laws. Brief History of the Various Mental Health Laws; (Including Laws for Persons with Disability) The various laws that have been implemented for persons with mental illness and the different initiations taken up for the same can be traced back since 1858. The laws that established are: • The Lunacy (Supreme Courts) Act, 1858 • The Lunacy (District Courts) Act, 1858 • The Indian Lunatic Asylum Act, 1858 (with amendments passed in 1886 and 1889) • The Military Lunatic Acts, 1877. These Acts served as a guideline for the establishment of mental asylums. Asylums were institutions that served the purpose of e... ... middle of paper ... ...ey favored the idea of limited guardianship allowing the people to make more independent choices. Division of Mental Health and Prevention of Substance Abuse (World Health Organization; Geneva, 1996) Reference • UN Convention on the Rights of People With Disabilities.(http://www.who.int/mental_health/en/) • The Mental Health Care Bill, 2013. PRS Legislative Research. • Division of Mental Health and Prevention of Substance Abuse. World Health Organization. 1996, Geneva. • Narayan, Choudhary. Shikha, Deepa. ‘Indian Legal System and Mental Health.’ Jan, 2013. Indian Journal of Psychiatry. • Banerjee, G. ‘The Law and Mental Health: An Indian Perspective’. 2001. Mental Health Reviews. • 29 November 2013, New Delhi. ‘Court acquits ‘insane’ man for murder’. Times of India. • Proposed mental health legislation can be misused: Delhi court, Nov 28, 2013.

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