The fact that human beings are born as humans in it lays down the basic human rights that they shall enjoy. It is the claim which an individual or a group makes in the society as the species of the same kind. Human rights are the birth rights of every human relating to life, liberty, equality, dignity which is also enshrined in our Constitution. The irony is that on one side we talk about human rights jurisprudence and in the other side there is a huge violation of the same. Mental health is a huge concern as it remains as one of the biggest challenge when it comes to protecting the rights of those effected as it is highly neglected. Mental illness is a condition of a human where they are handicapped from their ability to think what is right and wrong. Today there is global mental health emergency throughout the world as the violation of human rights are experienced by many people with mental disabilities. In Art 3, the United Declaration of Human Rights lay down the fundamental principles of Life, liberty and security of persons. In spite of legislations like Mental Health Act 1987, Persons with disabilities Act 1995, what appears to be very painful is that there is a huge violation of basic rights as these people are subjected to both physical as well as sexual abuse. The impact of the legislation on the mental health is complex and to make them effective what is important is that they need to be modified, updated or created with relevant system. The Erwadi Fire incident in South India in 2001 which caused the death of 25 mentally ill patients is one of the failures of implementation of law. There are other reported cases of violation of human rights where we hear about reported cases of mental patient being tied on a tree and left with wounds and ant bites. Mentally ill women are raped, abused, beaten, neglected and are also denied basic hygiene. Such report highlights the extreme neglect and the suffering of such patients as they are less thought of. It is seen the basic fundamental rights are also taken away from those who cannot raise their voice as getting their consent is difficult. However what is more important is that more than the implementation of the Law, the basic idea about life should be understood. Every life should be treated equally and recognize that every life enjoys the same dignity and worth.
