Author
Dr Harsha Rajwanshi
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 (‘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
Dr. Harsha Rajwanshi (She/Her) is an Assistant Professor of Law at Gujarat National Law University (GNLU) and holds a PhD in Law. She leads a wide spectrum of academic, welfare, and institutional initiatives at the University. She serves as the Centre Head of the GNLU Centre for Trade and Competition Law (GCTCL), Faculty Convener of the GNLU Centre for Public and Private International Law (GCPIL), and Convenor of the GNLU Wellness Initiative Cell (GWIC), where she steers programmes focused on mental health, emotional wellbeing, and community support on campus. She is also the Faculty Advisor to the GUVNL–GNLU Research Fellowship on Energy Law & Policy. Dr. Rajwanshi is a member of the Internal Complaints Committee (ICC) under the POSH Act—the statutory body responsible for preventing and addressing sexual harassment—and the Student Grievance Redressal Committee (SGRC). At the national level, she leads and designs specialised Law of the Sea and Maritime Law training courses for the Indian Navy and Indian Coast Guard, contributing significantly to maritime capacity building under the GNLU–Defence collaboration. She also coordinates the GNLU–CTIL Trade Lab Clinic and contributes to United Nations Special Rapporteur mandates, with submissions on the right to education, surrogacy, gender-based violence, and contemporary issues in international law. A Summa Cum Laude graduate of the 10th Yeosu Academy of Law of the Sea (2023), she has attended the Hague Academy of International Law, completed the UN Regional Course on International Law, and is a United Nations Fellow of the International Law Seminar (2018). Her research interests span Public International Law, Private International Law, global legal frameworks, and mental health in institutional governance. She has previously served as Dean, External Relations, and Centre Director, GNLU Centre for Private International Law.
