Year: 2024 | Month: October-December | Volume: 9 | Issue: 4 | Pages: 224-233
DOI: https://doi.org/10.52403/ijshr.20240429
From Medicalism to Legalism: Evolving Perspectives in Mental Health Legislation and the Protection of Individual Rights
Prithivi Raj1, Soubhagya Sundar Nanda2, Murtaza S. Noorani3, Burhanuddin S. Noorani4
1Assistant Professor of Law, Birla Global University, Odisha, India
2Assistant Professor of Law, Birla Global University, Odisha, India
3Advocate, Bombay High Court, Maharashtra, India
4Advocate, Bombay High Court, Maharashtra, India
Corresponding Author: Prithivi Raj
ABSTRACT
Mental health legislation has evolved significantly, shifting from a medical framework to a more legal-centric approach. Initially, laws were grounded in medical models, treating individuals with mental disorders as patients requiring involuntary care. This often led to the marginalization of legal rights, with patients subjected to confinement and treatment based solely on medical authority. Over time, however, the need for legal safeguards to protect individual autonomy and dignity became more evident. The shift from medicalism to legalism reflects broader societal changes, including a growing emphasis on human rights, the de-stigmatization of mental illness, and the importance of personal autonomy. Modern mental health laws now aim to balance medical care with legal protections, ensuring individuals' rights to informed consent, non-discrimination, and due process. This paper examines the milestones in the development of mental health legislation, focusing on how legal frameworks have evolved to safeguard the rights of those with mental health conditions. It also explores the role of international conventions, national reforms, and judicial interventions in promoting a rights-based approach. Ultimately, this paper underscores the importance of legal protections in ensuring the dignity and equality of individuals with mental health issues in contemporary society.
Keywords: Mental Health Legislation, Medicalism, Legalism, Human Rights, Autonomy