Legal Framework Shaping Mental Health: Reforming Policies for Equitable Access

Abstract

Mental hospitals have been an integral part of psychiatric services in India over the years and for the past century. Mental hospitals stemmed in India from the era of lunatic asylums – a concept that was British and European in its conception. The whole purpose of the concept of a mental hospital was to segregate the mentally ill from the community and not treat them as normal but rather detention away from the community. Most mental hospitals in India were built in the British and pre-British eras when the emphasis was never on community-based treatments and in that era psychiatric patients were viewed as a danger and menace to the society.

Globally, mental health problems are becoming more prevalent, and the effect of COVID-19 on the socioeconomic landscape has made the problem worse to almost alarming levels. This worrying trend was quickly noted by many wealthy and developing nations, who responded by greatly increasing their budgets for mental health services last year. For example, Canada promised a $1 billion fund allocation for mental health in its Budget 2021, whereas Chile announced a budget increase of over 300% for mental health. The Indian government prioritises mental health in the Union Budget for 2024. It is encouraging to see that the government is now prioritising mental health, as seen by the drive towards digital health and the funding of a nationwide tele-mental health initiative to increase access to care.