Double Discrimination Faced by People with Mental Health Disabilities: A Legal and Social Analysis

ABSTRACT: 

The paper examines double discrimination faced by people with mental health disabilities arising from the intersection of disadvantage due to being disabled and being stigmatized because of being mentally ill. In spite of having constitutional guarantees as well as progressive legislation, such as the Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017, individuals who experience mental health disabilities continue to be socially, legally and institutionally marginalized due to systemic discrimination. The authors examine how stigma, beliefs about mental illness, culture and other social identities (such as gender, caste and class) create additional barriers. Additionally, the authors have analysed landmark court cases to examine how courts have responded to discrimination against persons with mental health disabilities and identified areas for improvement with respect to implementation of existing legal frameworks. The authors call for a shift away from a legal model of enforcement based on formal equality to an enforcement model that is inclusive of and based on the intersectionality’s and rights of persons with mental health disabilities.

INTRODUCTION:

Discrimination is not always linear. People experiencing mental health disabilities face two distinct layers of discrimination because they are considered both disabled individuals and persons who face mental illness. The practice of double discrimination which occurs when people face discrimination for their disabilities as well as mental health conditions leads to their social and economic and legal exclusion from society. Although regulations from constitutions and international instruments exist to provide protection they do not fully execute their intended purpose. The examination of double discrimination against mental health disability individuals integrates an assessment of Indian and international frameworks as well as court rulings and institutional practices. Conditions such as schizophrenia and bipolar disorder and depression with additional psychosocial disabilities qualify as mental health disabilities when they limit significant life functions substantially. The disability community does not recognize mental health conditions as legitimate although these disabilities remain unseen to the public.

WHAT IS DOUBLE DISCRIMINATION: 

When oppression systems meet at the same time it creates double discrimination for those affected. The multiple forms of discrimination for people with mental health disabilities include, Discrimination against persons with disabilities in general. The discrimination against people with mental illness occurs through mental health stigma while additional stigmas develop because of misinformation and worried reactions and judgments of morality. The outcome creates chronic marginalization which makes people encounter various barriers across legal systems and medical institutions and social structures. 

SOCIETAL STIGMA AND PREJUDICE: 

1. Stereotyping and Misconceptions

Society holds various fundamental yet untrue convictions about mental health disorders including People who suffer from mental illness cannot foresee their behaviour. The barrier excludes people from work and school participation. Medical professionals diagnose conditions because individuals either completed themselves or displayed poor morals.

Social discrimination stemming from these false beliefs restricts people from accessing employment opportunities and housing along with education and healthcare support which functions as a basic set of rights for all citizens.

2. Cultural and Familial Rejection

Various traditional communities along with their restrictive nature consider mental health problems to be socially unacceptable subjects. Families hide patients from the world or refuse medical interventions while employing harsh practices of religious exorcisms or isolating them against their will.

GENDER, CASTE, AND CLASS DIMENSIONS:

The combination of discrimination becomes more severe when mental health treatment interacts with gender as well as caste and socioeconomic factors. Mental health issues in women typically cause clinicians to declare them unfit for marriage while doctors order their involuntary institutionalization. People from lower castes who have mental disabilities experience three forms of marginalization through caste-based discrimination as well as economic poverty in addition to mental health prejudice. Individuals who come from limited economic means pattern towards receiving inadequate health care which results in criminalization alongside abandonment. Multiple identities show that disability policies should adapt from a standardized model to include intersectional perspective policies.

CASE STUDIES AND REAL-LIFE EXAMPLES: 

• Erwadi Fire Tragedy, 2001 (India)

Religious institution employees in Tamil Nadu chained mentally disabled patients before the gruesome fire that resulted in their deaths. The horrifying event demonstrated the complete breakdown of care from families together with communities and government authorities for people with mental disabilities.

• Jasleen Kaur v. Union of India (2021)

The PIL initiated proceedings to stop the COVID-19 vaccine denial for institutional patients who lacked proper identification. Medical vulnerability grows worse because of bureaucratic negligence according to this particular case.

• Western Examples

Research conducted in the United States indicates that police officers kill individuals with mental illness at higher rates and such patients experience poor outcomes in the justice system including erroneous legal processing and higher prison representation than admission to psychiatric hospitals. This situation crosses all legal boundaries because it affects everyone across the world.

LACK OF COMMUNITY SUPPORT AND REPRESENTATION:

The increase in mental health awareness did not transform most health systems into prevention-focused models which are more proactive than reactive ones. The funding allocated to mental health treatment receives a smaller total than physical healthcare’s budget. Very few organizations run by people with personal experience of mental illness actually exist today. Modern media outlets continue to show mental illness in negative or dramatic ways which upholds false perceptions about mental disorders. Because actual community needs go unheard the resulting policies emerge from top executives rather than from direct community input.

LEGAL PROTECTIONS IN INDIA: 

Constitutional Provisions in India

• Article 14 Guarantees equality before the law.
• Article 15 limits discrimination against individuals because of their religious beliefs and racial categories and birthplace while it excludes disability and mental health status.

The Indian constitution established through Article 21 provides the fundamental right to life and personal liberty with an expansive reading that now includes dignity privacy and mental health (Maneka Gandhi v. Union of India, AIR 1978 SC 597). 

Rights of Persons with Disabilities Act, 2016 (RPwD Act)

• The legislation establishes mental illness as a condition that qualifies as a disability.
• This law ensures equality rights along with non-discriminatory treatment and provides reasonable adaptations during practices.
• The initiative faces barriers because of implementation gaps while people lack awareness and find certification too difficult to access.

Mental Healthcare Act, 2017

• Emphasizes rights-based approach
• The Act provides everyone with mental healthcare and supports community living arrangements while offering protection from cruel treatment.
• Recognizes legal capacity and autonomy

Bharatiya Sakshya Adhiniyam, 2023 and Legal Capacity

• The Bharatiya Sakshya Adhiniyam, Section 124 bars those who cannot understand questions from giving witness testimony. Public processes intended to defend due process rights continue to be utilized improperly for undermining psychiatric patient testimony which violates their right to participate in both civil and criminal proceedings.

CERTAIN JUDICIAL DECISIONS: 

• In, Sheela Barse V. Union of India – The Supreme Court established humane care guidelines for mentally disabled children in detention while requiring inspections of mental health establishment facilities.
• In, Shikha Nischal v. NCT of Delhi (2020) – The Delhi High Court disapproved of the medical facilities that refused to provide maternity care to this woman despite her mild psychiatric condition. According to court ruling mental illness does not prevent a woman from exercising her right to become a mother thus reinforcing her legal capacity and autonomy.

CONCLUSION:

The best instrument for managing such tough challenges involves speaking up to support both yourself and others undergoing dual discrimination. The change needing to break stigma awaits those who wish to participate. To demonstrate this respect for people with disabilities you can engage in social posts or written blogs or discuss respectfully with your network which includes elected officials.

Individuals with mental health conditions possess an equal entitlement to live in a society where they receive appreciation for their individuality as well as their societal impact. Caring conversations create two positive effects: self-emotional transformation and help reduce disabilities-based discrimination for all individuals. People with mental health disabilities experience dual discrimination which represents the most under-acknowledged human rights issue of our current time. The progressive legal systems established through RPwD Act and MHCA fail to protect people from social prejudice along with institutional disregard and organizational access issues. The pressing need exists for interlinked legal advancements and welcoming social systems and committed enforcement procedures which protect both formal equalities and genuine justice for all. Putting power in the hands of this discriminated population serves as a basic legal responsibility while carrying moral weight alongside democratic principles.