Indian Journal of Psychological Medicine

REVIEW ARTICLE
Year
: 2019  |  Volume : 41  |  Issue : 2  |  Page : 119--125

The rights of persons with disabilities Act 2016: Mental health implications


Abhilash Balakrishnan1, Karishma Kulkarni2, Sydney Moirangthem3, Channaveerachari Naveen Kumar3, Suresh Bada Math3, Pratima Murthy3 
1 Department of Epidemiology, National Institute of Mental Health and Neurosciences, Bangalore, Karnataka, India
2 Department of Psychiatry, North Western Mental Health, Parkville, Melbourne, Australia
3 Department of Psychiatry, National Institute of Mental Health and Neurosciences, Bangalore, Karnataka, India

Correspondence Address:
Dr. Abhilash Balakrishnan
Department of Epidemiology, NIMHANS, Hosur Road, Bangalore - 560 029, Karnataka
India

India's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) necessitated the need for a rights-based, biopsychosocial model of disability, which was endorsed in the Rights of Persons with Disabilities (RPwD) Act, 2016. This article examines the Act, its rules, and guidelines provided by the Government of India, from a mental health perspective, and compares it to its predecessor, the Persons with Disabilities (PwD) Act, 1995. The RPwD Act provides clearer definitions of various constructs, a greater focus on rights of PwD, and guidelines for assessment and certification of disabilities. There is, however, an underemphasis on mental illnesses in the reservation and legal decision making, and a move toward centralizing the process of disability certification. Also, there is a lack of clarity about screening instruments to be used, resource allocation to implement the provisions, and the guidelines for inclusive education. This article suggests recommendations that could strengthen some of these provisions.


How to cite this article:
Balakrishnan A, Kulkarni K, Moirangthem S, Kumar CN, Math SB, Murthy P. The rights of persons with disabilities Act 2016: Mental health implications.Indian J Psychol Med 2019;41:119-125


How to cite this URL:
Balakrishnan A, Kulkarni K, Moirangthem S, Kumar CN, Math SB, Murthy P. The rights of persons with disabilities Act 2016: Mental health implications. Indian J Psychol Med [serial online] 2019 [cited 2019 Mar 23 ];41:119-125
Available from: http://www.ijpm.info/article.asp?issn=0253-7176;year=2019;volume=41;issue=2;spage=119;epage=125;aulast=Balakrishnan;type=0