DIVINE INTERVENTIONS OR DENIED CARE: EXAMINING THE LEGAL AND HEALTH IMPLICATIONS OF PSYCHOTIC DISORDERS TREATED THROUGH SUPERNATURAL MEANS IN INDIA
Vaishali Gupta, PhD Research Scholar, Amity Law School, Amity University Uttar Pradesh (India)
Dr. Bhavna Batra, Associate Professor, Amity Law School, Amity University Uttar Pradesh (India)
“The right to life and personal liberty under Article 21 of the Constitution includes the right to live with human dignity and the right to health. Denial of medical care, whether through neglecor misguided interventions, is a violation of this sacred right.” — Justice P. N. Bhagwati, Indian Supreme Court. Psychotic disorders, including schizophrenia and schizoaffective disorders, require timely and evidence-based psychiatric intervention to prevent deterioration of mental health and protect patients’ well-being. In India, however, families frequently forgo medical treatment in favor of faith-based or supernatural interventions, such as divine healing practices or rituals performed by godmen. This research investigates the consequences of such practices, emphasizing the intersection of mental health, legal rights, and socio-cultural beliefs. Individuals who are subjected to these interventions frequently experience secondary trauma, delayed recovery, and worsening symptoms, which effectively render them victims of systemic neglect. The study underscores that the right to health, dignity, and timely treatment are all fundamental rights guaranteed by Article 21 of the Indian Constitution, and that the substitution of medical care with supernatural remedies is a violation of these rights. The paper employs a doctrinal methodology, examining primary sources such as constitutional provisions, mental health statutes, and judicial precedents, as well as secondary literature, including scholarly articles, reports, and case studies on cultural practices and mental health. The research examines the extent to which traditional beliefs and family-led supernatural “treatments” conflict with medical ethics and legal protections, and evaluates the effectiveness of current laws in protecting patients’ rights. Comparative insights from international jurisdictions illustrate the most effective methods for balancing clinical care, legal accountability, and cultural sensitivity. The results emphasize the pressing necessity for legal reforms, policy interventions, and community awareness programs that guarantee that psychiatric care is culturally informed, accessible, and respectful of human rights. The study advocates for an integrated approach that integrates legal safeguards, mental health services, and ethical family intervention strategies by representing patients as victims of both mental illness and societal misconceptions. The objective of this framework is to safeguard the health and rights of patients while simultaneously addressing cultural practices that inadvertently perpetuate harm.
📄 Type | 🔍 Information |
---|---|
Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 3, Page 527–568. |
🔗 Creative Commons | © Copyright |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2025. All rights reserved. |