Activists: 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 who have fully recovered as elections are underway in the country Over the last four years 20212024 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 governmentapproved rehabilitation and nursing homeslsquoCannot deprive voting rightsrsquoldquoAs per the National Mental Health Survey nearly 10 per cent of our population ie 14 crore approximate today suffers from some form of mental health illness which may vary in degrees and severitymdashcommon mental illness and severe mental illnessesDr Bharat Vatwani psychiatristThe concept of an ldquounsound mindrdquo 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 voteThe bottom line is no one can be deprived of his lsquovoting rightsrsquo only on the ground of having mental illnessrdquo said Dr Suresh Bada Math a forensic psychiatrist at the National Institute of Mental Health and Neurosciences NIMHANS BengaluruAn archaic termldquoA 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 authoritiesrdquo said Dr Harish Shetty a citybased PsychiatristldquoEvery 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 illnessrdquo said Dr ShettyldquoUnsound Mindrdquo 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 electionsrdquo added Dr ShettyItrsquos their rightldquoUnsound Mindrsquo 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 psychiatrists 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 hospitalrehab 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 accordinglyrdquo said psychiatrist Dr Bharat VatwaniLeft to right Dr Harish Shetty a citybased Psychiatrist Solicitor Stuti Galiya Advocate Mohini PriyaldquoWhen 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 heshe should be allowed to vote Itrsquos their democratic rightrdquo said Dr VatwaniLegal findingldquoBeing in an institution doesnrsquot 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 sanityrdquo said Advocate Mohini Priya advocate on record Supreme Court of IndiaWhat the law saysldquoSection 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 metrdquo pointed out Solicitor Stuti GaliyaNot defined in lawldquoThe term lsquounsound mindrsquo 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 mindhellip lsquoif 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 interestsrdquo Galiya saidlsquoDo not DiscriminatersquoldquoOur society often assumes that individuals with mental illness lack decisionmaking 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 therersquos a need to strike a balance ensuring their right to vote while also safeguarding against undue influencerdquo Galiya addedOther sideDr Netaji Mulik Medical Superintendent at Regional Mental Hospital Thane said ldquoWersquove conducted Aadhar camps since 2021 aiding over 600 patients Currently we have 808 patients 226 are in government rehabilitation centres posthospital discharge Our patients range from mild to severe mental illness Aadhar is vital for accessing government services Wersquoll also seek assistance for obtaining voting cards empowering cured patientsrdquo10Percentage that suffers from some form of mental illness