Psychiatrists, activists say, 'Those who have overcome mental illness should be entitled to vote’

Psychiatrists and advocates are expressing concern about the voting rights of mentally ill patients

Psychiatrists and advocates are expressing concern about the voting rights of mentally ill patients who have fully recovered, as elections are underway in the country. Over the last four years (2021-2024), the Thane Mental Hospital has managed to obtain Aadhar cards for more than 600 patients. Most of these patients are destitute individuals whose families abandoned them at the hospital. They are now residing in government-approved rehabilitation and nursing homes.

‘Cannot deprive voting rights'

"As per the National Mental Health Survey, nearly 10 per cent of our population (i.e. 14 crore approximate) today suffers from some form of mental health illness, which may vary in degrees and severity - common mental illness and severe mental illnesses.

Dr Bharat Vatwani, psychiatrist

The concept of an "unsound mind" lacks a specific, universally accepted definition in legal texts, which leads to interpretational variability across different jurisdictions. The rights of individuals with mental health conditions, including their right to vote, hinge on how the legal system defines and perceives mental capacity and citizenship rights. In India, the unsoundness should be declared by the court. This can determined by the capacity to vote.

The bottom line is no one can be deprived of his ‘voting rights' only on the ground of having mental illness," said Dr Suresh Bada Math, a forensic psychiatrist at the National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru.

An archaic term

"A mentally ill patient is not sick all his life. Patients may take medicines for maintenance just as those who are under treatment for Diabetes or Epilepsy. Thousands of patients are languishing in mental hospitals, though they have recovered due to callousness, stigma, poor awareness and lack of attention by the authorities," said Dr Harish Shetty, a city-based Psychiatrist.

"Every patient who is in maintenance has a right to vote and this needs to be transacted by the state. This should be done immediately. Such an act will also help break the stigma and normalise the narratives on mental health and illness," said Dr Shetty.

"Unsound Mind" is an archaic term from the British era, though the Mental Health Care Act does not use this term anywhere. This needs to be addressed as soon as possible by the state governments all over the country, including Maharashtra so that those under treatment can vote in the state elections," added Dr Shetty.

It's their right

"Unsound Mind' may or may not be defined, but the bottom line is in mental hospitals and rehab homes sheltering the mentally ill, when the patient votes, the psychiatrist(s) will have to certify that the patient is in sound and stable state and is in a mental state fit to vote. The assessment by the psychiatrist of the mental hospital/rehab centre will have to be done on the same day on which voting is to take place and a certificate will be issued and preserved for the record accordingly," said psychiatrist Dr Bharat Vatwani.

(Left to right) Dr Harish Shetty, a city-based Psychiatrist; Solicitor Stuti Galiya; Advocate Mohini Priya

"When the psychiatrist gives such a certificate, the next question which would arise immediately, by default, is why is the patient then continued to be held in the mental hospital? He should ideally be discharged from the institution if he is in a mentally fit state. This is, of course, a separate issue, by itself, but yes, if declared mentally fit by the treating psychiatrist, he/she should be allowed to vote. It's their democratic right," said Dr Vatwani.

Legal finding

"Being in an institution doesn't mean losing the right to vote. The Representation of the People Act and legal precedent support the idea that those with intermittent lucidity can still make contractual agreements and thus vote during those lucid periods. The burden of proof falls on electoral officers, not the individual, preserving the presumption of sanity," said Advocate Mohini Priya, advocate on record, Supreme Court of India.

What the law says

"Section 16 of the Representation of the People Act, 1950, states that a person can be disqualified from voter registration if declared of unsound mind by a competent court, requiring both conditions to be met," pointed out Solicitor Stuti Galiya.

Not defined in law

"The term ‘unsound mind' is not defined anywhere in Indian law. However, the Indian Contract Act, of 1872 provides illustrations of what may and may not be regarded as unsound mind. Section 12 of the Indian Contract Act says a person is of sound mind… ‘if, at the time when he makes it (contract), he is capable of understanding it and of forming a rational judgement as to its effects upon his interests," Galiya said.

‘Do not Discriminate'

"Our society often assumes that individuals with mental illness lack decision-making capacity, potentially leading to discrimination and the denial of their voting rights. Critics argue that those with intellectual disabilities may be susceptible to coercion in voting. Thus, there's a need to strike a balance, ensuring their right to vote while also safeguarding against undue influence," Galiya added.

Other side

Dr Netaji Mulik, Medical Superintendent at Regional Mental Hospital, Thane said, "We've conducted Aadhar camps since 2021, aiding over 600 patients. Currently, we have 808 patients. 226 are in government rehabilitation centres post-hospital discharge. Our patients range from mild to severe mental illness. Aadhar is vital for accessing government services. We'll also seek assistance for obtaining voting cards, empowering cured patients."

10
Percentage that suffers from some form of mental illness