Wednesday 12 July 2017

Are you mentally ill, under the Indian law?

A member of the Standing Committee 74th report on Mental Health Care Bill, 2013, Dr. Sudhir K. Khandelwal, Professor of Psychiatry, AIIMS, New Delhi explained why we need a precise definition of Mental Illness. He stated:

definition of mental illness is ill-conceived and is over inclusive; features like ‘causing distress or impairment’ would make practically whole of Indian population mentally ill at some point of time; 

This bill was later changed and is now a law in India in the form of Mental Healthcare Act, 2017.

What was the earlier definition of mental illness?


“Mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;

What is the definition of mental illness under the Mental Healthcare Act, 2017?


“Mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;

What is the difference between these two definitions?


Absolutely nothing.

So, I guess Dr. Khandelwal was right. Almost all of us would have been mentally ill according to this law at one point or another.

Do you think this definition negatively affects the rights of people who actually need state help?

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