Article Details
  • Published Online:
    July  2025
  • Product Name:
    The IUP Journal of Law Review
  • Product Type:
    Article
  • Product Code:
    IUPLR100725
  • DOI:
    10.71329/IUPLR/2025.15.3.130-149
  • Author Name:
    Madhuri Irene*, Shivani Bhandari** and M Geetha Priyadarsani
  • Availability:
    YES
  • Subject/Domain:
    Law
  • Download Format:
    PDF
  • Pages:
    130-149
Volume 15, Issue 3, July-September 2025
Intersectional Musings on Medico-Legal Ethics Focusing on Mental Healthcare
Abstract

Mental healthcare has evolved from a custodial approach to a rights-based framework, with the Mental Healthcare Act (MHCA), 2017 marking a pivotal shift in India’s legal landscape. Through an intersectional lens, this paper examines the ethical dilemmas related to mental healthcare, such as involuntary treatment, advance directives, decriminalization of suicide, and mental health in marginalized communities. By integrating legal, ethical, and human rights perspectives, the study aims to provide a comprehensive understanding of mental healthcare governance, offering policy recommendations to strengthen ethical safeguards and legal accountability in India’s mental health system. The paper further explores the intersection of medico-legal ethics and mental healthcare, emphasizing the delicate balance between medical autonomy, patient rights, and legal obligations.

Introduction

Mental health is an integral aspect of human wellbeing, yet historically, it has been shrouded in social stigma and legal neglect. The intersection of medical ethics and legal frameworks in mental healthcare creates a dynamic discourse that demands continuous scrutiny.