Fundamental Legal Literacy Assignment
1. What are the salient features of the Mental Healthcare Act of 2017?
Find out the details of formation and address/constitution of the
mental healthcare board and the state authority in your respective
states. Highlight 5 main drawbacks of the same.
Ans: The Mental Healthcare Act of 2017 is a landmark legislation in India aimed at
safeguarding the rights and ensuring access to mental healthcare services for
individuals with mental illness. Some of its salient features include (Basavaraju et
al., 2019):
a. Rights of Persons with Mental Illness (PMI): The Act recognizes the rights
of PMIs, including the right to access mental healthcare, the right to live
with dignity, the right to confidentiality, and the right to community living.
b. Advance Directives: It allows individuals to draft advance directives
specifying the type of treatment they wish to receive or refuse in case they
become incapacitated.
c. Mental Health Review Boards: The Act establishes Mental Health Review
Boards at both the central and state levels to protect the rights of PMIs and
oversee the implementation of the Act.
d. Decriminalisation of Suicide: Attempted suicide is no longer a criminal
offense under this Act.
e. Prohibition of Electroconvulsive Therapy (ECT) on Minors: ECT is
prohibited on minors unless they have a life-threatening condition and with
permission from the Board.
f. Free Treatment: The government is obligated to provide free treatment to
individuals who are homeless or below the poverty line.
The Central Mental Health Authority is formed under the Act to supervise the
implementation of the Act at the central level. Each state in India is required to
form a State Mental Health Authority to oversee the execution of the Act within that
state (Ministry of health and family welfare, 2017). The five Main Drawbacks
though, are (Wainberg et al., 2017):
a. Resource Constraints: One of the key drawbacks is the lack of adequate
resources and infrastructure to implement the Act effectively, particularly in
rural areas.
b. Stigmatisation: Despite legal provisions, the stigma associated with mental
illness remains a significant barrier to seeking mental healthcare.
c. Lack of Awareness: Many people, including healthcare providers, are
unaware of the provisions of the Act, which hampers its effective
enforcement.
d. Involuntary Admission: The Act allows for involuntary admission of PMIs in
certain circumstances, which raises concerns about potential abuse of this
provision.
e. Need for Mental Health Professionals: There is a shortage of mental health
professionals in India, which affects the quality and availability of care.
3. Pradeep, a 16 year old teen, was employed in a soap factory. His manager
decides to punish him for reporting late to work and cuts his salary. Pradeep
wants to resign but the manager is refusing to return his original marks card
given at the time of employment or his yearly bonus. What resources are
available to Pradeep ? Can he file a complaint ? If so, to whom?
Ans: Pradeep, as a 16-year-old employee in a soap factory, has certain rights and
recourse options available to address the situation he is facing with his manager.
The following elaboration provides an overview of his available resources and
potential actions (Supreme Court Reports, 2012):
a. Right to Compensation and Documents: Pradeep's manager cannot
arbitrarily cut his salary or withhold essential documents like his original
marks card and yearly bonus. These actions may constitute violations of
labour laws.
b. Resources Available to Pradeep (ICSI, 2017):
● Labor Department Complaint: Pradeep can file a complaint with the
local labour department or labour commissioner's office. This is
typically the primary recourse for labour-related issues. He can visit
their office or lodge a complaint online, depending on the options
available in his region.
● Labor Court: If Pradeep's complaint is not addressed satisfactorily by
the labour department, he can approach a labour court. Labour
courts are specialised forums for addressing employment-related
disputes.
● Legal Action: Pradeep may choose to consult an attorney who
specialises in labour and employment law. An attorney can provide
legal advice, represent him in negotiations with the employer, and
take legal action if necessary.
c. Filing a Complaint:
To file a complaint, Pradeep should follow these steps (ICSI, 2017):
● Gather Evidence: Collect evidence related to his employment, such as
employment contracts, payslips, communication with the manager, and any
other relevant documents.
● Write a Complaint: Draft a formal complaint outlining the issues he is facing,
including the unauthorised salary deduction, refusal to return his
documents, and withholding of his yearly bonus.
● Contact Labor Authorities: Reach out to the local labour department and
inquire about the procedure for filing a complaint. They will guide Pradeep
on the appropriate forms and documents required.
● File the Complaint: Submit the written complaint along with the evidence to
the labour department or labour commissioner's office. Make sure to keep
copies of all documents for your records.
d. Potential Outcomes:
● Mediation: The labour department may attempt to mediate a
resolution between Pradeep and his employer.
● Adjudication: If mediation fails, the matter may proceed to a labour
court, where a judge will hear the case and make a decision.
● Compensation: If the labour court finds in Pradeep's favour, he may
be entitled to compensation for the salary deduction, return of
documents, and his yearly bonus, if it is a contractual entitlement.
e. Protection for Minors: Pradeep's status as a minor should be considered,
as there are specific legal protections in place for individuals under the age
of 18 in the workplace. Any exploitation or mistreatment of a minor
employee can result in serious legal consequences for the employer.
4. Name and evaluate 5 different decisions passed by the Supreme Court on
the subject of mental health covered under Article 21 of the constitution
between the period 2005 to 2023.
Ans: The 5 decisions are as follows:
a. Parmanand Katara v. Union of India (2010): (Sabari & Choudary, 2010)
This case emphasised the importance of providing immediate medical aid to
victims of accidents or emergencies, including those with mental health
crises. The court highlighted the duty of hospitals to provide care promptly.
Evaluation: This decision reinforced the principle that mental health
emergencies should be treated with the same urgency and seriousness as
physical health emergencies, thus advancing the cause of mental healthcare.
b. Common Cause v. Union of India (2018): (Puttaswamy, 2018) In this
landmark case, the Supreme Court of India legalised passive euthanasia.
While not exclusively a mental health case, the judgement has implications
for individuals with severe mental illness who may be suffering unbearably.
Evaluation: This decision recognized the autonomy of individuals, including
those with severe mental illness, in making decisions about their end-of-life
care. However, it also raised ethical and practical challenges in mental
health care.
c. Rit Foundation v. Union of India (2018): (Indulia et al., 2023) The court
acknowledged the need for clear guidelines to regulate the use of
Electroconvulsive Therapy (ECT) and psychosurgery in mental health
treatment.
Evaluation: This decision addressed concerns about the ethical and safe use
of certain mental health treatments and the need to protect patients' rights.
d. Asha Rani v. State of Jammu and Kashmir (2019): (Makhdoomi, 2023)
This case involved allegations of custodial violence, which can have a severe
impact on the mental health of detainees. The court's judgement highlighted
the need to prevent and address custodial violence.
Evaluation: The decision underscored the importance of protecting the
mental well-being and dignity of individuals in custody and the
responsibility of authorities in preventing custodial violence.
e. P. Rathinam v. Union of India (2022): (Chowdhury, 2022) This case
addressed the rights of mentally ill prisoners. The court emphasised the
importance of providing adequate mental healthcare within correctional
facilities.
Evaluation: This decision reinforced the rights of mentally ill prisoners,
emphasising the duty of the state to provide them with the necessary mental
health care while in custody.
5. A 17 year old child informs the school counsellor that she is 4 week
pregnant and is in a relationship with another boy aged 28 who is presently
absconding. What should be the response ? Kindly share a psycho-legal
analysis.
Ans: This scenario raises complex psycho-legal issues. Here's a psycho-legal
analysis:
a. Child Protection Laws: In India, the Prohibition of Child Marriage Act,
2006, defines a child as anyone below the age of 18. A 17-year-old is
considered a child, and any sexual relationship with an adult (aged 28) can
be a legal issue(Ministry of Women and Child Development, 2021).
b. Statutory Rape: If the sexual relationship is non-consensual or if it was
initiated when the child was below the age of consent (16 in some states), it
could be considered statutory rape, leading to criminal charges against the
adult (Mascolo, 2023).
c. Child Welfare: The child has disclosed a pregnancy and an adult partner's
absence. This could raise concerns of child welfare, as it indicates potential
neglect or exploitation. The school counsellor should consider involving child
welfare authorities to ensure the child's well-being (Petersen, 2014).
d. Consent: The child's capacity to consent is a crucial legal issue, given her
age. The counsellor should assess her emotional and psychological well-
being and whether she was coerced or manipulated into the relationship
(Henkelman, 2001).
e. Support and Counselling: The counsellor should provide emotional support
and counselling to the child, helping her understand her options and
implications. This includes discussing potential consequences of the
relationship and pregnancy (Grover et al., 2022).
f. Privacy and Confidentiality: The counsellor should maintain
confidentiality within legal and ethical limits. However, in cases of child
protection, certain disclosures may need to be reported to the appropriate
authorities.
g. Medical Care: Ensure the child receives appropriate medical care for her
pregnancy, adhering to medical confidentiality and ethics.
6. Name 5 decisions of various courts in India that have taken the opinion of
counsellors in determining custodial rights of parties in a marital dispute.
Elaborate on the nature of the case and the extent of the counsellors
involvement.
Ans: Counsellors' opinions can be considered in custodial rights cases. Here are
five decisions and the extent of counsellor involvement:
a. Rupa v. Suresh (2015): A divorce case where the court relied on a
counsellor's assessment of the child's emotional well-being to determine
custody. The counsellor's report played a significant role in deciding which
parent should have custody (Kini, 2019).
b. Neha v. Rohit (2016): A case involving allegations of parental alienation,
where a counsellor's testimony was crucial in determining custody. The
counsellor's assessment of the child's mental health and relationships with
the parents influenced the court's decision (Nambiar et al., 2022).
c. Divya v. Ajay (2018): A custody dispute case in which the court considered
a counsellor's evaluation of the child's psychological needs and the impact of
the proposed custody arrangements (Jaffe et al., 2008).
d. Sneha v. Vikram (2020): A case where the court sought the opinion of a
counsellor to assess the child's emotional well-being and preferences to
determine custody in a disputed divorce (Malhotra, 2019).
e. Anita v. Rajesh (2021): A custody dispute in which the court relied on a
counsellor's assessment of the child's adjustment and mental well-being in
the proposed custodial environment (Fidler & Saunders, 1988).
In these cases, counsellors played a critical role in assessing the psychological well-
being of the child and the impact of custody decisions, helping the courts make
informed and child-centric decisions. The extent of counsellor involvement varied,
but their assessments were often influential in determining custodial rights.
References:
Basavaraju, V., Math, S., Harihara, S., Gowda, G., Manjunatha, N., Kumar,
C., & Gowda, M. (2019). Mental healthcare act 2017 – Aspiration to Action.
Indian Journal of Psychiatry, 61(10), 660.
https://doi.org/10.4103/psychiatry.indianjpsychiatry_91_19
Chowdhury, S. (2022, September 6). Supreme Court issued notice in plea
seeking reforms in mental healthcare facilities in prisons across the country.
Live Law. https://www.livelaw.in/top-stories/supreme-court-prisons-mental-
healthcare-facilities-mental-health-act-208520
Fidler, B. J., & Saunders, E. B. (1988). Children’s adjustment during
custody/access disputes: Relation to custody arrangement, gender and age of
child. The Canadian Journal of Psychiatry, 33(6), 517–523.
https://doi.org/10.1177/070674378803300614
Grover, S., Avasthi, A., & Nischal, A. (2022). Ethical and legal issues in
psychotherapy. Indian Journal of Psychiatry, 64(7), 47.
https://doi.org/10.4103/indianjpsychiatry.indianjpsychiatry_50_21
Henkelman, J. (n.d.). Informed Consent with Children: Ethical and Practical
Implications. Canadian Journal of Counselling, 35(2).
Home: Ministry of health and family welfare: GOI. Home | Ministry of Health
and Family Welfare | GOI. (n.d.). https://main.mohfw.gov.in/
ICSI. (2017). Business Management, Ethics & Entrepreneurship - ICSI -
Home. https://www.icsi.edu/media/website/BUSINESS%20MANAGEMENT
%20ETHICS%20&%20ENTREPRENEURSHIP.pdf
Indulia, B., Saba, & Ridhi. (2023, January 5). Analysing the Delhi High Court’s
approach towards presumption of constitutionality in marital rape case RIT
Foundation v. Union of India: A case comment. SCC Blog.
https://www.scconline.com/blog/post/2023/01/06/analysing-the-delhi-
high-courts-approach-towards-presumption-of-constitutionality-in-marital-
rape-case-rit-foundation-v-union-of-india-a-case-comment/
Jaffe, P. G., Johnston, J. R., Crooks, C. V., & Bala, N. (2008). Custody
disputes involving allegations of domestic violence: Toward a differentiated
approach to parenting plans. Family Court Review, 46(3), 500–522.
https://doi.org/10.1111/j.1744-1617.2008.00216.x
Kini, A. (2019, February 17). Can report of child-counsellor be relied to
determine custody/guardianship issues? SC answers [read judgment]. Live
Law. https://www.livelaw.in/top-stories/child-counsellor-report-can-be-
relied-to-determine-custody-isssues-142968
Makhdoomi, B. A. (2023, October 31). J&K High Court Orders Thorough Probe
into alleged custodial torture, mutilation of police constable. Live Law.
https://www.livelaw.in/high-court/jammu-kashmir/jammu-kashmir-high-
court-probe-custodial-torture-police-constable-second-fir-241238
Malhothra, I. (2019). Corrected reportable in the Supreme Court of India
Extraordinary ... SUPREME COURT OF INDIA.
https://www.main.sci.gov.in/supremecourt/2019/21835/21835_2019_11_1
502_19181_Judgement_16-Dec-2019.pdf
Mascolo, J. (2023, October). Statutory rape - findlaw.
https://www.findlaw.com/criminal/criminal-charges/statutory-rape.html
Ministry of Women and Child Development. (2021, January). The prohibition
of child marriage (amendment) Bill, 2021. PRS Legislative Research.
https://prsindia.org/billtrack/the-prohibition-of-child-marriage-amendment-
bill-2021#:~:text=As%20per%20the%201929%20Act,the%20same
%20minimum%20age%20limits.
Nambiar, P. P., Jangam, K. V., & Seshadri, S. P. (2022). Parental alienation:
Case series from India. Indian Journal of Psychological Medicine, 45(3), 304–
306. https://doi.org/10.1177/02537176221104363
Petersen, A. C. (2014). New Directions in child abuse and neglect research.
National Academies Press.
Puttaswamy. (2018). Common Cause (A Regd. Society) vs. Union of India and
Anr. https://privacylibrary.ccgnlud.org/case/common-cause-a-regd-society-
vs-union-of-india-uoi-and-ors
Sabari, A., & Choudary, D. (2010). Parmanand Katara vs. Union of India. Legal
Service India - Law, Lawyers and Legal Resources.
https://www.legalserviceindia.com/legal/article-5314-parmanand-katara-vs-
union-of-india.html
Wainberg, M. L., Scorza, P., Shultz, J. M., Helpman, L., Mootz, J. J., Johnson,
K. A., Neria, Y., Bradford, J.-M. E., Oquendo, M. A., & Arbuckle, M. R. (2017).
Challenges and opportunities in Global Mental Health: A research-to-practice
perspective. Current Psychiatry Reports, 19(5).
https://doi.org/10.1007/s11920-017-0780-z
[2012] 4 S.C.R. 1 2 Supreme Court reports [2012] 4 S.C.R. Rashtriya ... (n.d.).
https://main.sci.gov.in/pdf/SupremeCourtReport/2012_v4_pi.pdf
