Assessing the Rights of
Persons with Disabilities Act, 2016: Adequacy in Addressing
the Needs of Individuals with Mental Illness and Their
Families
Arjun Namdevrao Khobragade
ABSTRACT
This comprehensive analysis evaluates the Rights
of Persons with Disabilities Act, 2016, focusing on its adequacy in
addressing the unique needs of individuals with mental illness and
their families. Originating from India's commitment to the UNCRPD,
the Act, enacted in 2016, introduces transformative principles
emphasizing dignity, autonomy, and inclusion for persons with
disabilities (PWD). The legislation expands the recognized
conditions from 7 to 21, ushering in a new era of inclusivity.
However, a critical gap emerges concerning mental illness, with the
Act falling short in tailoring provisions to the distinctive
challenges faced by individuals with mental illness and their
families. The role of the Mental Healthcare Bill, 2016, the
involvement of psychiatric professionals, and the need for targeted
social welfare measures are discussed. The Abstract highlights the
necessity of aligning the Rights of Persons with Disabilities Act
with psychiatric practice for ethical and inclusive mental health
care.
Keywords: Rights of Persons with Disabilities Act, 2016, Mental
illness, UNCRPD, Inclusivity, Psychiatric practice
