GK Question

polity hard mcq

The Mental Healthcare Act, 2017 operationalizes right to mental healthcare under Article 21 by recognizing mental illness, ensuring access to treatment, and protecting rights of persons with mental illness. Which right was NOT explicitly recognized under this Act?

  1. Right to access mental healthcare and treatment
  2. Right to live with dignity and free from abuse
  3. Right to refuse treatment in all circumstances without exception
  4. Right to community living and family support

Answer: Right to refuse treatment in all circumstances without exception

Mental healthcare rights: (a) Mental Healthcare Act, 2017: Operationalizes Article 21 right to mental healthcare: (i) Recognizes mental illness, ensures access to affordable, quality treatment, (ii) Rights recognized: Access to care, dignity, freedom from abuse, community living, confidentiality, informed consent, (iii) Safeguards: Advance directives, nominated representatives, Mental Health Review Boards for oversight, (b) Right to refuse treatment: (i) Recognized with exceptions: Can refuse treatment except in emergencies, risk to self/others, or when lacks capacity to make decision, (ii) Proportionality: Balances autonomy with protection; exceptions ensure safety while respecting autonomy, (c) Applications: (i) Decriminalization: Section 115 presumes severe stress for attempted suicide; focuses on care, not punishment, (ii) Community-based care: Shift from institutionalization to community support, family involvement, (iii) Capacity building: Training healthcare providers, awareness campaigns to reduce stigma, (d) Challenges: (i) Implementation: Shortage of mental health professionals, infrastructure, especially in rural areas, (ii) Stigma: Social attitudes affect access to care, family support, (iii) Coordination: Integration with general healthcare, social welfare systems, (e) Illustrates transformative constitutionalism: Article 21 interpreted to include mental healthcare; statutory framework operationalizes rights with calibrated safeguards balancing autonomy, protection.

Topic Article 21 - Right to Health and Mental Healthcare
Exam Relevance Mental healthcare rights critical for UPSC Mains and Judiciary exams