Author
Mr Masoom Sanyal
Organisation/Institution
Gujarat National Law University
Country
INDIA
Panel
Legal Pluralism
Title
Mental Health Law and Sustainable Development: Inquiry into Asian Regional Experiences and Rights-Based Frameworks
Abstract
Mental Health Law and Sustainable Development: Inquiry into Asian Regional Experiences and Rights-Based Frameworks Dr Harsha Rajwanshi, Assistant Professor of Law and Centre Head, GNLU Wellness Initiative Cell at Gujarat National Law University Masoom Sanyal, Final Year Student, BA LLB and Researcher, GNLU Wellness Initiative Cell at Gujarat National Law University Mental Health Law (‘MHL’) has evolved from informal community care to modern-day formal legal systems, shaped by developments at international, regional and domestic levels. Today, mental health (‘MH’) is at the centre of global health and sustainable development (‘SD’), coupling human rights (HR) perspectives with multisectoral, evidence-based policy approaches. Foundational human rights instruments like UDHR, followed by the 1991 UN Principles for the Protection of Persons with Mental Illness, the WHO’s Ten Basic Principles (1996), the CRPD, and OHCHR guidance, have urged states to reform MH systems in line with rights-based frameworks. WHO’s 13th General Programme of Work (GPW13), endorsed by 74th World Health Assembly, provide the Comprehensive Mental Health Action Plan 2013–2030 and establishes the goal that, by 2030, 80% of countries will have updated MHLs consistent with international and regional human rights instruments. Since 2001, the Mental Health Atlas (‘MHA’) has traced gaps in national MH legislations. The 2030 Agenda for SD, particularly SDG 3 (Target 3.4 and 3.5), has made MH an explicit global priority. With approximately 450mn affected with mental and neurological disorders in 2001 and increasing numbers since, Asia faces severe MH challenges. Although many Asian jurisdictions, including India (2017), China (2015), South Korea (2017), Singapore (2007), and several ASEAN states have enacted new MH legislations in the past decade, the 2024 MHA found that although policy implementation has strengthened, “indicators of the development and implementation of rights-based mental health legislation are more negative.” As Peter Bartlett (2010) notes, the literature on MHL is predominantly shaped by Western experience. The WHO framework also recommends that the action plan be adapted at the regional level to account for region-specific situations, noting that there cannot be a blueprint action plan that fits all countries. MHL policy and reform entails grappling with a complex interplay of historical, legal, medical, and ethical forces. Redirecting this inquiry to Asia, this paper conducts a comparative analysis of selected national legislations in Asia to evaluate their incorporation of rights-based principles, identifying divergences and convergences, and examining the cultural, social, and institutional forces influencing these developments, and brings regional insights to be considered and adapted, as appropriate, to regional and national priorities and specific Asian specific regional or national circumstances in order to accomplish these objectives.
Biography
Masoom Sanyal is a final year law student at Gujarat National Law University, Gandhinagar. He is the student convenor of the GNLU Centre for Public and Private International Law (CPIL) and is a Researcher with the GNLU Wellness Initiative Cell (GWIC). Masoom is interested in researching areas of public law, such as constitutional law and human rights law. In particular, he is interested in exploring the relationship between law and society. Masoom was the Secretary of the GNLU Centre for Law and Society during academic term 2023-24. Recently, Masoom has led a team of student researchers in submitting the Input to the UN Special Rapporteur on Violence against Women and Girls for her thematic report on 'Surrogacy and Violence'. In his capacity as the lead researcher, he participated in the Expert Consultation Session organized by the UN Special Rapporteur Reem Saleem on Surrogacy and Violence and represented the CPIL in the Expert Consultation. Masoom has previously written extensively about Marriage Equality and LGBTQ+ rights for the renowned Indian blog, Constitutional Law and Philosophy. Masoom has published extensively on human rights issue with the Constitutional Law and Philosophy Blog, the Blog of International Journal of Constitutional Law, and the Oxford Human Rights Hub, and NALSAR's Law and Other Things. In addition, Masoom has published papers on constitutional law issues with the GNLU Student Law Review and GNLU Journal of Law and Economics (forthcoming).
