In recent years, India has faced a critical facet in the disenfranchisement faced by individuals with intellectual and psychosocial disabilities. Despite strides made in legislation, such as the Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017 many individuals with mental health conditions find themselves marginalized, their voices silenced in the democratic process. While these laws lay the groundwork for inclusivity and protection, their effective implementation remains a significant challenge.
Article 14 and Article 15 of the Constitution of India state that all citizens of the country are to be treated equally without any discrimination on any grounds. Right to Vote is the most critical part of enabling these two rights of every Indian citizen, embodying the essence of democracy. However, for many people living with intellectual and learning disabilities, exercising this right remains a distant dream. Whether residing in mental health hospitals, homeless shelters, or other institutions, their current living situations often deprive them of their basic human rights, including the right to participate in the electoral processes. Already facing a mental health crisis, this subsequent discrimination faced by individuals further exacerbates the crisis, leading to increased stress.
While efforts have been made by the Election Commission of India to address accessibility barriers at polling stations, much more needs to be done. Simplifying disability certification processes and ensuring they uphold the rights and dignity of persons with disabilities is a crucial step. Additionally, there's a pressing need to change attitudes and perceptions within healthcare systems, ensuring that professionals are well-versed in the provisions of relevant legislation like the RPWD Act, 2016 and the United Nations Convention on the Rights of Persons with Disabilities. Moreover, the establishment of State Mental Health Authorities, as mandated under the Mental Healthcare Act (2017), is imperative. The Election Commission along with civil society organisations and caregiver groups should be working on creating specific provisions and guidelines. These entities must not only raise awareness but also empower individuals with disabilities to assert their rights and make their voices heard. One in four people in the world will be affected by mental or neurological disorders at some point in their lives as stated by the World Health Organisation (WHO) in its 2001 Report, making it the biggest disability in the world.
The Mental Healthcare Act, 2017, facilitates the participation of individuals with mental health conditions in the electoral process. By emphasizing non discrimination, capacity-building, supported decision-making, accessibility, and awareness, the Act lays the foundation for a more inclusive society. However, legislative frameworks alone are not sufficient. Implementation and enforcement are paramount. It requires concerted efforts from policymakers, healthcare professionals, educators, civil society organizations, political actors, and the general public to create a society where individuals are not just tolerated but fully embraced and empowered.
In conclusion, the mental health crisis in India is intrinsically linked to broader societal issues, including the disenfranchisement of individuals with intellectual and psychosocial disabilities. Addressing this crisis requires a multifaceted approach, encompassing legislative reforms, awareness campaigns, capacity-building initiatives, and community support. Only through collective action can we ensure that every citizen, regardless of their mental health status, enjoys their inherent rights and contributes meaningfully to the democratic process. In view of the upcoming Lok Sabha elections, it would be good to watch how political parties respond to this pressing need. In fact, along with political parties all stakeholders including media may spare some considerations on driving awareness and education on this subject. In conclusion, it is imperative for the government and the relevant agencies prioritise mental health initiatives with unwavering commitment, ensuring that every individual receives the support and resources necessary to thrive in a society that values and prioritizes mental well-being.
This article is a collaborative piece by Raj Mariwala, Director, Mariwala Health Initiative (MIH) and Arman Ali, Executive Director, National Centre for Promotion of Employment for Disabled People (NCPEDP)
