Journal of Advances in Developmental Research

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Mental Health and Right to Privacy: Legal Challenges Post-Puttaswamy

Author(s) Dr. Rubina Khan
Country India
Abstract Mental health has increasingly become a subject of legal and policy attention in India, particularly following the COVID-19 pandemic, which amplified psychological vulnerabilities and underscored the systemic gaps in mental healthcare. One of the most pressing legal concerns in this evolving landscape is the right to privacy for individuals with mental health conditions. While the Supreme Court of India, in the landmark Justice K. S. Puttaswamy (Retd.) v. Union of India (2017) judgment, recognized the right to privacy as a fundamental right under Article 21 of the Constitution, its translation into meaningful protections for mental health-related information remains limited and complex. This paper critically examines the intersection of mental health and privacy rights in India. It evaluates existing legal frameworks, particularly the Mental Healthcare Act, 2017, and the extent to which it upholds the principles of confidentiality, informed consent, and autonomy. The research further analyzes judicial trends, challenges in institutional settings, and the lack of a robust data protection regime that specifically addresses the sensitivity of mental health information. Special attention is given to marginalized groups, such as women and LGBTQ+ individuals, who face compounded risks due to intersectional discrimination. The paper concludes by highlighting the urgent need for legal reform that aligns mental health governance with constitutional principles, ensures enforceable privacy protections, and adopts a rights-based, inclusive approach to mental health care in India.
Keywords Mental Health, Right to Privacy, Article 21, Mental Healthcare Act, 2017, Confidentiality, Constitutional Law
Field Sociology > Health
Published In Volume 16, Issue 1, January-June 2025
Published On 2025-05-13
Cite This Mental Health and Right to Privacy: Legal Challenges Post-Puttaswamy - Dr. Rubina Khan - IJAIDR Volume 16, Issue 1, January-June 2025.
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