NATIONAL HUMAN RIGHTS COMMISSION, INDIA CHAPTER 6 Right to Health and Mental Health 6.1 Every human being is entitled to enjoyment of the highest attainable standard of health conducive to living a life of dignity. Health does not mean mere absence of disease but physical, mental, psychological and emotional well-being of an individual. This right is indispensable for the exercise of other human rights. It is the duty of the State to promote, protect and preserve the health of all individuals. The Constitution of India upholds ‘right to health’ as a Fundamental Right under Article 21. 6.2 The mental health which forms an integral part of health, is the area where the country is facing a serious predicament. According to the World Health Organization (WHO), mental health is “a state of well-being in which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community”. Enumerating the burden of those suffering from mental health problems like neurological disorders and substance abuse, the National Mental Health Survey (NMHS), 2015-16, points out to the huge burden of mental health problems where nearly 150 million Indians need mental health care services while less than 30 million are seeking care. 6.3 It is important to consider that promotion of mental health has both human rights and economic aspects attached to it. It has long been the case that individuals with mental health conditions are amongst the most abused and discriminated against in the country and deserve to be treated with dignity. Further, neglecting mental health could impact economic development through loss of production and consumption opportunities at both the individual and societal level. Acknowledging this, Sustainable Development Agenda, which was adopted at the United Nations General Assembly in September, 2015 within the health goal, has included two targets directly related to mental health and substance abuse as it requests the countries: “By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being” and “Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol “ respectively. Therefore, it has been a globally recognized fact that health is a crucial prerequisite for sustainable human development, but there can be no health without mental health. 6.4 Since the time the National Human Rights Commission (NHRC) came into existence in October 1993, the Commission has consistently taken the view that the right to life with dignity, enshrined in the Constitution, must result into the strengthening of measures to ensure that all people, and particularly those belonging to the economically disadvantaged sections of the society, 88 ANNUAL REPORT 2019-20