[By Subha Swaminathan & Arshiya Nandal]
- Introduction
Mental well-being is an integral component of a child’s general development, but one of the most overlooked aspects of child rights in India. Increased incidences of stress, anxiety, and depression in children over the last few years has sharpened the focus on the issue. The COVID-19 pandemic also laid bare how weak and unapproachable the available support systems are, particularly for rural and marginalized children.
While there are constitutional promises and India’s obligations under international treaties to support mental health, there is no specific legal system in place that guarantees mental health services for children. Laws and policies make passing mention of the issue, but do not provide entitlements or rights, nor do they outline procedures for delivery.
This article examines [TS1] the current legal framework on child mental health in India. It will then discuss the present situation at the grassroots level, identifying the barriers that prevent children from accessing support. It will then go on to discuss examples from other countries that have successfully integrated child mental health into their legal systems. Ultimately, it will propose measures for establishing a stronger and more effective legal framework in India.
India’s constitutional framework for child rights is not just symbolic but sets enforceable duties. Article 21A guarantees free and compulsory education for children aged 6–14, while Article 24 prohibits hazardous labour that harms both physical and psychological development. Articles 39(e)-(f) further commit the State to protect children from abuse and neglect, recognising the impact of exploitation on overall well-being. Building on this foundation, the Right to Education Act, 2009, goes beyond enrolment to prohibit corporal punishment and mental harassment, ensuring that classrooms remain safe spaces. The Juvenile Justice (Care and Protection of Children) Act, 2015, prioritises rehabilitation through counselling, foster care, and skill-building, offering children in vulnerable circumstances a chance at reintegration. The Mental Healthcare Act, 2017, provides explicit safeguards for minors, banning harmful treatments like unmodified electro-convulsive therapy and requiring guardian consent for institutionalisation. Complementing this, the Rights of Persons with Disabilities Act, 2016, promotes early detection and inclusive education, seeking to prevent long-term marginalisation.
In principle, these measures suggest that mental health has not been ignored in India’s legal landscape. Yet, in practice, systemic weaknesses dilute their impact. Child-sensitive judicial infrastructure remains inadequate, rehabilitation often defaults to institutionalisation over community care, and stigma continues to silence discussions on psychological well-being. As a result, the legal framework that should secure children’s dignity and resilience often remains more aspirational than transformative, leaving mental health protections fragmented and under-enforced.
Together, these constitutional provisions, statutory measures, and administrative frameworks reflect India’s obligations under the United Nations Convention on the Rights of the Child (UNCRC), which guarantees survival, development, protection, and participation as core rights. While the Convention has pushed states, including India, to expand access to healthcare, education, and protection from abuse, its vision of holistic well-being remains only partially realised. In practice, children’s mental health often slips through the cracks, treated as secondary to physical safety or educational access, revealing a gap between international commitments, domestic law, and lived reality.
- Current Situation at the Grassroots
Mental health is an essential aspect of a child’s overall health and is arguably the most neglected service area in community spaces all over, especially for children in unique socio-economic conditions. Children in situations of distinct socio-economic conditions likely experience even greater added stressors such as poverty, poor family conditions, and poor access to educational resources which disrupt mental development. The service gap worsens with the combination of poor awareness and limited access to trained mental health professionals.
A report from 2023, commissioned by the Tata Institute of Social Sciences (TISS), found that academic pressure, bullying, and inadequate emotional support at school topped the list as significant contributors to children’s anxiety, stress, and low self-esteem. Adding counsellors and peer-support programmes into schools would provide children with a safe space to articulate their problems, along with timely intervention, support, and guidance. This aligns with the World Health Organization and UNICEF’s 2024 joint guidance, which emphasizes the importance of integrating evidence-based, age-appropriate mental health services within schools to ensure early detection and intervention for children and adolescents. This has special significance for government-funded schools, where children often come from families facing not only the challenges of a lower socio-economic status, but also additional stressors arising from poverty and domestic instability.
Resolving the mental health crisis among children requires ongoing community engagement that recognises the isolation and vulnerability of the children. Experiences from several grassroots initiatives in India have shown that early intervention through school-based counselling, the creation of safe and inclusive spaces for children, and the active participation of parents, teachers, and local leaders can significantly improve emotional resilience, reduce dropout rates, and prevent long-term mental health issues. The study by TISS reminds us of the urgency to build awareness for mental health and support in the everyday climates and contexts where children live and learn. With the combined efforts of educators, professionals, parents, and communities, children can thrive in supportive environments. Examining comparative models helps illustrate how these efforts can be made more effective.
- Comparative International Practices
The United Nations Convention on the Rights of the Child (UNCRC), adopted by the UN General Assembly in 1989, establishes minimum global standards for the protection of children’s rights. The UNCRC sets out comprehensive provisions for protecting children’s rights, particularly in areas such as health, education, protection from abuse, and participation in decisions affecting them. It has significantly shaped global and national policies, pushing states to adopt child-centred frameworks and integrate children’s mental and physical well-being into law and practice.
Several provisions under the UNCRC focus specifically on mental health, dignity, and overall well-being. They collectively mandate protection from all forms of violence, abuse, neglect, and exploitation, while also emphasising the need to safeguard children from harmful work, substance abuse, and sexual exploitation. The Convention further recognises the right of children, including those with disabilities, to live with dignity, develop self-reliance, and participate fully in community life. It calls for access to the highest attainable standard of physical and mental health, alongside regular reviews for children in institutional care or treatment. Importantly, the UNCRC encourages the development of a child’s personality, talents, and abilities in a holistic manner, ensuring that protective measures go hand-in-hand with opportunities for growth.
Many countries have integrated these standards into domestic law, adapting them to their socio-economic and policy contexts. In the United Kingdom, the Children Act 1989 and Children and Families Act 2014 align with UNCRC principles, ensuring that children’s voices are heard in welfare decisions and that mental health support is embedded in education systems. Sweden adopts a preventive, community-based approach, offering universal child healthcare and early mental health interventions, which significantly reduce the stigma surrounding mental illness in children.
In New Zealand, the Oranga Tamariki Act 1989 incorporates the UNCRC while recognising Māori cultural values, ensuring indigenous children receive culturally appropriate care. Japan’s Child Welfare Act was amended to improve protection against abuse and to expand mental health services for children in institutional care.
These comparative practices demonstrate that while the UNCRC provides a universal framework, effective implementation depends on national adaptations, integration into existing legal systems, and investment in mental health infrastructure. Countries that combine legislative protection with preventive, community-based mental health services tend to achieve better outcomes, showing that global standards must be reinforced with localised, culturally sensitive action.
- Suggestions
Changing how we think and act about child rights is important in addressing the psychological needs of children in India. The Right to Education Act and the Juvenile Justice Act are the basic framework, but we often overlook mental health when implementing policies. There is a need for laws and schemes to include strong, enforceable provisions for counselling services, regular mental health screenings in schools, and training teachers to observe early signs of distress. Once the education, health, and social welfare departments work together, we can establish a single support unit to implement legislation and accessible services for children, no matter if they live in urban or rural areas. Without children’s mental health being considered central to development, we can never have genuine legal protections. To successfully implement measures for children’s mental health would require a collaborative multisectoral approach which would connect schools, healthcare providers, and communities by integrating mental health education, early detection, and counselling into the education system, while ensuring professional support, parental involvement, and stigma reduction through coordinated policy action.
It is also important to think of ways to improve access to these services for marginalised groups, particularly where children may be at risk due to poverty, displacement, and/or abuse. Community-based mental health projects with trained social workers and psychologists may be a way to ensure we move from policy to practice. Public education campaigns have made major strides in changing negative beliefs about mental health, supporting parents and others who are professionals to seek help more promptly. The changes are not welfare programs, but are legal and moral obligations under national law and previous commitments made internationally under the UNCRC. A system that protects children’s mental well-being also protects the future, including the future of the country itself.
- Conclusion
Ensuring children’s mental well-being is not just a policy goal but a legal and moral responsibility. While India has constitutional safeguards and various laws addressing child protection, mental health remains inadequately integrated into these frameworks. International examples show that combining strong legislation with community-based, culturally sensitive interventions yields better outcomes. India must move from fragmented policies to a cohesive, enforceable system that guarantees access to mental health services for every child. Prioritising children’s mental health is not merely about care; it is about building resilience, dignity, and equal opportunity for every child to thrive.
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Written by Subha Swaminathan & Arshiya Nandal.