Mental health is not merely a medical concern but also an essential human right. Every individual, regardless of his or her background, is entitled to the right to mental health. In order to follow international treaties, Bangladesh has enacted Mental Health Act 2018. However, a significant process is still needed to ensure this right for all individuals. Bangladesh is a signatory party to several international human right treaties, such as the Convention on the Rights of Persons with Disabilities (CRPD) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

All these treaties aim to safeguard the right to mental health and ensure that mental health care is accessible to all. The World Health Organisation’s Mental Health Action Plan (2013–2020) also urges nationals to adopt a right-based approach in their laws and policies. A WHO report shows that worldwide around one in four people will experience mental health conditions at some point in their lives. Therefore, the need for a suitable legal framework to ensure individuals’ right and access to mental health care is essential.

Some Words on Mental Health Act 2018Bangladesh made a notable approach in 2018 by enacting Mental Health Act 2018, aiming to modernise its legislative framework for mental health. The replacement of Lunacy Act-1912 of colonial era with the Mental Health Act-2018 was unquestionably a step forward. However, it largely remains procedural and lacks comprehensive provision to ensure the rights of individuals with mental health conditions. It is not fully alien with these international commitments to mental health rights as the Act solely focuses on custodial and medicalised approach. In contrast, India’s Mental Health Care Act 2017 stands as a more right-based model.

A close examination of specific provisions within the Act of 2018 reveals critical shortcomings, particularly in the definitions outlined under Article 2. The Act narrowly defines the aspect ‘Mental Illness’, which fails to encompass the entire range of mental health conditions. This limited definition under Section 2(b) excludes a large number of individuals who may require support but do not fall under the category of "serious mental disorders" as defined under this law.

As a result, many citizens are deprived of protections and access to treatment under this Act. Another major weakness of this Act is that its lacks a comprehensive protection for patient rights, particularly regarding informed consent of admission. Section-45 of the Act outlines that patients can be admitted involuntarily by mental health professionals, if necessary. This section provides little protection to a patient’s autonomy and decision-making capability. Lastly, the Act tends to favour institutional care over community-based mental health services. Section 9 through Section 19 principally focus on the regulations and oversight of mental health institutions with less emphasis on community care models such as counselling and rehabilitation.

However, best global practices encourage individuals with mental health issues to primarily be involved in community settings. Such practice of community-based rehabilitation is also found in our neighbouring countries. However, Bangladesh’s emphasis on institutional care neglects the prioritisation of community engagement. This increases the risk of reinforcing social stigmas around the community.

Despite the aspirations for a comprehensive Act, The Mental Health Act-2018 has largely been criticised for its limitations and weak structure. By revising the Act, the government can create a more progressive legal framework that truly protects the dignity of people. An inclusive legal structure is crucial to reform the entire mental health system. However, the government and non-governmental organisations can also play a dynamic role to ensure the right to mental health by raising awareness. As a part of the society, we too have the responsibility to mitigate the stigmas relating to mental health issues among our communities and need to work hand in hand in this regard.

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The writer is an Apprentice Lawyer at Dhaka Judge Court