Employability prospects for persons with mental illness: A review of legislation, policies and practices in India

BACKGROUND: Employability prospects for persons with mental illness (PMIs) in India remain limited. E.g, new job opportunities and accommodation in already existing frameworks are scarce, and public action to reduce stigma for these persons is scarce too. Although India ratified The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 01 Oct 2007, there are discriminatory and unlawful national policies which have provisions in contradiction to those of UNCRPD related to employability of PMIs. AIM: This study aims to assess employability prospects of PMIs in India as per current legislation and policies, using UNCRPD as a guideline. MATERIALS AND METHODS: This paper is a review of national laws and policies in India, on employability prospects of PMIs, using UNCRPD as a guideline. This study looks mainly into Article 27 of UNCRPD (‘work and employment’ rights of persons with disabilities) in relation to the Rights of persons with Disability (RPWD) Act, 2016 in India. FINDINGS: RPWD act 2016, has various loopholes utilizing which, Government as well as private sectors continue discriminatory practices with regards to PMIs. Provision of exemption from various sections on the matter of work and employment of disabled persons (including PMIs) in the Act is a potential area for discriminatory practices. This does not gel very well with ethos of UNCRPD on the matter of work and employment. CONCLUSION: Persons with psychosocial disability have to deal with various challenges such as critical and stigmatizing attitude at workplace. When top-down approach is non-discriminatory, it improves attitude of general public too, towards persons with mental illness and their capability to work.