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No rights for the mentally disabled

By Shampa Sengupta

At a Kolkata mental hospital recently female patients were found left stark naked in the ward. Mental illness is included in the Persons with Disabilities Act 1995, but the mentally disabled are denied even the rights and reservations available to the physically disabled

The incident took place on March 8, 2008, a day when some of us were busy observing International Women’s Day. The daughter of a female patient went to visit her mother at Pavlov Mental Hospital, a government-run hospital in Kolkata, West Bengal. As the patient’s condition was serious, Doctor Ashis Acharya took the girl into the ward where her mother was. There, they were both shocked to see that all the female patients were stark naked. According to hospital authorities, this was because their clothes had gone for washing. When Dr Acharya protested, the hospital staff started arguing with him. A nurse, when questioned, explained that a second set of clothes was usually given to the patients when one set went for washing, but that stripping mentally ill patients of their clothes was “not a serious issue”.

The incident was reported on the front page of Anandabazar Patrika, a widely circulated Bengali newspaper.

As usual, it triggered a blame game. The authorities wanted to know who had leaked the information to the newspaper. The West Bengal health minister said he was too busy with the Assembly session to give appointments to rights-based organisations. The health secretary of the state was also too caught up to give appointments. When contacted, the chairperson of the State Women’s Commission said that she had not read the news item and was unaware of the incident. According to the reporter who was following up the case, the hospital superintendent claimed it was a non-issue and he did not understand what all the fuss was about.

Interestingly, all these people asked the same question during the course of conversation: who was the source of the story. Apart from the chairperson of the Women’s Commission, no one considered it a serious human rights violation. Nor did they express any concern.

What does this lack of empathy, especially amongst people in power, have to do with the position of mentally ill women in society?

Firstly, it is difficult to define “mental illness”. “Madness”, “lunacy”, “insanity”, “mental illness” and “mental disorder” are terms used to describe aspirations, beliefs and conduct that vary from the accepted psycho-social or bio-medical norm. We are careful about using the politically correct terminology for the mentally ill today. But without changing the situation on the ground, changing the terminology is a futile exercise.

Societal attitudes reflect the terms we use. Someone with a psycho-social disability is looked down upon by society. Despite mental illness being included as a category of disability in the Persons with Disabilities Act 1995, reservations under the law exist only for those who are physically disabled. It is clear that even amongst persons with disability, those with psycho-social problems feature low in the hierarchy. They are not eligible to stand for elections, nor do they have the right to vote. Not only do they not have political rights, according to Indian law they cannot enter into any contract.

“Mental unsoundness” in our marriage laws bars a person with mental disability from getting married. People are also denied custody of their children, and cannot adopt, on grounds of mental unsoundness. It is important to remember here that a woman’s world is woven around the word “marriage”. Unlike men, the status of women in society depends on whether she is married, single, widowed or divorced. Though things have changed in some urban areas, in general, societal attitudes towards women remain the way they have always been.

Within two weeks of reading the report, I visited Dhaniakhali, in Hooghly district, West Bengal, just an hour’s journey from Kolkata. I was there to attend a health fair. That’s when I met Saraswati, a tribal girl who works at an anganwadi. When Saraswati heard that we work with persons with disability, she said she wanted to talk to us in private. She told us that her younger brother-in-law’s wife had become “mad” and that the whole family was trying to prove that she was a dain (witch). Saraswati was the only person in the family who understood what her sister-in-law was going through. Her efforts to take the girl to a medical centre had been futile, and she felt very alone. Seeing and talking to us had given her a little strength. She promised that she would try her best to stop her sister-in-law from being tortured or sent to an asylum, thereby allowing her husband to remarry.

It is important that the people responsible for what happened at Pavlov Mental Hospital on March 8 are brought to book. It is important that our government is made accountable to the public. It is important to find the correct terminology for issues related to mental disability. And it is important to change the laws. But, in the end, one cannot help but think that it’s more important to have at least one Saraswati in every family. For not just charity, the rights approach too begins at home.

(Shampa Sengupta is an activist working on disability and gender issues. She is presently working with Sruti Disability Rights Centre, Kolkata, and runs a helpline for persons with disability. She can be contacted at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it )

InfoChange News & Features, April 2008



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Comments (4)
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Written by IrishKiwi, on 25-08-2009 08:03
I note what Simi says about stigma and its effects on people. For many years I have advocated for and on behalf of people with a mental illness. I have given many papers about stigma,its effects/affects on both the person and their family. I also advocate for the children of the mentally ill. Much of what has been mentioned in the above comments could come into the Human Rights arena. In fact I do believe that stigma is an attack on the Human Rights of the people concerned.I have seen what happens in India, in its hospitals, I have seen the results of violence on women who have a mental illness. I have seen where women in India have no rights they are chattels. I do what I can but it is all too small. One needs to begin on what one can do, then keep at it. Overall, the sooner a very public campaign is started the better. The community in India at all levels must be made absolutly aware of what Indian society is doing to it powerless women because they happen to have a mental illness.
Written by Simi, on 05-12-2008 07:19
I am doing a paper on stigma in mental illness. Due to its bizarre presentation, people take the rights of these people for granted. From calling a person a schizophrenic instead of saying a person with schizophrenia, most people, even practitioners, indulge in labelling. Starting from this labelling, it extends to lack of providing the basic amenities. The problem with us is that we believe the best way to deal with a problem is to pretend there is no problem. What else can be a better explanation for people receiving treatment at the chronic stage after a series of faith healing?? Both literate and illiterate population indulge in this blind race.
Written by V. Sasi Kumar, on 14-05-2008 06:51
The attitude towards mentally ill people has always been bad, possibly because it has been difficult for people to understand this illness. Since most mental hospitals do not allow others inside, the conditions are often pretty bad, even sickening. Once branded mentally ill, a person loses many of the rights that we, "normal" people, take for granted. They cannot even complain--who will take the complaint of a "mad" person seriously? See what Anjana Mishra has written about her experience in a mental hospital (in 'Manushi', no. 120). In April 2008, a female patient in a mental hospital in West Bengal was beaten and a vessel of dal thrown on her when she asked for some more curry. Reminds one of Oliver Twist? Things are worse here. We should be ashamed to call ourselves "civilised" as long as we abuse our fellow human beings like this.
Written by ruku, on 24-04-2008 06:32
Truly one of the most gruesome acts of our society. I'm a Kashmiri,and in Kashmir the condition of such people is in jeopardy. I shall give you all the reports via e-mail.
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