Securing the Rights of Mentally Disordered Persons; A Legal Analysis of The Existing Pakistani Legislation
Abstract
Right to mental health is a well-established right recognized and protected under national and International law regime. States, thus have formulated legislations to maintain this right to mental health and ensure maximum protection for all persons suffering from mental disorders. Though “the right to mental health” was enshrined in the constitution and people suffering from mental problems were dealt under the Lunacy act 1912, however, provisions regarding the advancement of mental health and prevention of mental disorder was developed very late with the promulgation of Mental Health Ordinance in 2001. This was a new era and new beginning for mental health legislation. However, with the adoption of “18th amendment in the Constitution of Pakistan”, health became provincial subject and provinces have formulated their own mental Health acts. For Instance, Mental Health Acts by Sindh, Punjab, and KP were adopted in 2013, 2014, 2017 respectively, and, Islamabad Health Care Regulation Act was promulgated in 2018. This research article is an effort to analyze the existing legislation and practicability of the laws in addressing the needs of mentally disordered persons. It particularly emphasize that the legislations made so far are not timely, are inefficient and outdated, and does not comply with our states obligation under the international Law regime. Secondly, having a mixed legal system, Islamic law must be introduced in true spirit in the existing legislations on mental health.
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