The Necessity for a Uniform Legal Framework for Student Mental Health Complaints in India
DOI:
https://doi.org/10.29070/39dnz486Keywords:
Mental Healthcare Act 2017, Article 21 (Right to Health), Student Grievance Redressal, Institutional Liability, Academic PressureAbstract
The growing problem of mental health among students in Indian higher education, which is caused by academic pressure, social stigma, and lack of support from institutions, calls for a shift from advisory-based support to a strong, standardized legal framework. This paper examines the "silent struggle" of students in the current fragmented legal environment, where mental health is frequently treated as an issue of institutional charity rather than a fundamental right.
The study initially analyzes the constitutional development of Article 21, positing that the "Right to Life" intrinsically includes the "Right to Mental Health." It subsequently critiques the Mental Healthcare Act (MHCA), 2017, highlighting substantial implementation deficiencies where rights-based stipulations for non-discrimination and confidentiality do not effectively infiltrate the inflexible administrative frameworks of universities. Additionally, a thorough examination of UGC and BCI guidelines uncovers a dependence on discretionary advisories that do not possess the requisite mandatory authority to guarantee institutional accountability.
The paper points out that internal grievance committees have a "Conflict of Interest" and suggests a separate, independent legal way to handle mental health complaints. This study asserts that "Reasonable Accommodation" and standardized protocols for academic concessions necessitate a centralized legislative mandate to reconcile the disparity between policy and practice. The paper advocates for the incorporation of MHCA principles into university statutes to convert campus environments from sources of stress into ecosystems of legally safeguarded psychological well-being.
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