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Dharmendra Chatur

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Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari Dec 2012

Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari

Dharmendra Chatur

The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons with …