THE RIGHTS OF MENTALLY CHALLENGED IN INDIA
Author(s):
Ayushi Agarwal, Dr. Santosh Kumar
Keywords:
Abstract
We drives our judicial system largely from British system and English common law. Law ,in our has a illustrious history. It has also been a matter of prescriptions and philosophical disclosures. India’s influential treaties were The Arthashastra dating from 400 BC and Manusmriti from 100 AD. Manu’s central philosophy revolves around the concept of tolerance and pluralism. Texts were then, also considered as authoritative legal guidelines. Then comes the era of Islamic Rule, Sharia law that mainly governs the Muslim population. Then India becomes the part of British Empire which led to break in all traditions and common law supplanted the Hindu and Islamic Law. Thus it can be said that present judicial system belongs much to British law and reflects a co-relation with pre-British era. Contemporary laws of India are largely based on English Common Law, a law which is based upon the recorded judicial precedents and is largely influenced by European and American and some of the laws among them are still operative. Here only lies the relation that Why the legislation with respect to person with Mental Disorder are traced. Earlier legislation in our Country were primarily concerned with the custodian aspect of a person with Mental illness and determining the competency ,diminished responsibility and welfare of society. In 2006, United Nations adopted United Nation Convention for Rights of person with Disabilities commonly known as UNCRPD, which marked a a shift in respect if disabilities from a social welfare cause to a Human Right issue. New paradigms were made on the basis of legal capacity , equality ,and dignity. And by 2008 ratification was made by India to maintain the harmony with UNCRPD and this obligates India to revise its all previous laws relation to mental illness. As a result The Mental Health Act,1987 and Person with Disability Act,1995 were held as a part of revision and draft bills.
Article Details
Unique Paper ID: 162596

Publication Volume & Issue: Volume 10, Issue 10

Page(s): 451 - 457
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