Life with Dignity for Elders with Mental Health Issues
摘要
This chapter traces the evolution of legal and policy frameworks governing elderly mental healthcare in India. Although ancient Indian medical traditions recognized and addressed mental illness, the colonial laws adopted a custodial and criminalized approach toward mental health. Over time, global human rights developments and guarantees of equality, dignity, and personal liberty under the Constitution of India, prompted a gradual shift toward a rights-based and welfare-oriented framework. Legislative reforms starting from the Mental Health Act, 1987, the Persons with Disabilities Act, 1995, the Rights of Persons with Disabilities Act, 2016, and the Mental Healthcare Act, 2017 reflect this transformation by recognizing mental illness as a disability and emphasizing patient-centric care, autonomy, and community integration. Judicial interventions have further reinforced the dignity and equal rights of persons with disabilities. Despite these advances, the chapter argues that the specific needs of elderly persons with mental health issues remain insufficiently addressed. It calls for a comprehensive national policy and governance framework dedicated to mental healthcare for the elderly to ensure dignity, social inclusion, and effective support for aging populations.