On criminalisation and pathology: a commentary on the Supreme Court judgment on Section 377.

The judgment delivered last week by the Supreme Court of India, upholding the constitutionality of Section 377 of the Indian Penal Code (IPC), overturns a judgment by the Delhi High Court in 2009 that decriminalised sexual activity between two consenting adults. This judgment has unleashed a veritable firestorm of protest in the public space. There has been a heated and vitriolic debate on this issue in the print and social media, as well as television, with public opinion, in the main, being critical of the judgment.

Psychiatric advance directives: potential challenges in India.

he advance directive is a statement of an individual’s preference for future treatment. The concept initially evolved in the context of end-of-life treatment decision making. Subsequently, in some countries, advance directives have been promoted in the care and treatment of people with serious mental disorders. They have recently been endorsed by the United Nations Convention for the Rights of Persons with Disability. In India, the legal framework related to the care of persons with mental illness is currently being reappraised, and significant changes are being contemplated. Thus, this is an appropriate time to review the existing evidence on psychiatric advance directives and examine the potential challenges involved in making them legally binding.