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Mental health legislation codifies and consolidates fundamental principles, values, goals, objectives and mental health policy. Such legislation is essential to guarantee that the dignity of patients is preserved and that their fundamental rights are protected. This article considers legislation in south Asia, specifically the Mental Health Act in India, and argues that the act has shortcomings that serve as a barrier to mental health services. The authors argue for a modern mental health law that gives priority to protecting the rights of people with mental disorder, promotes development of community‐based care and improves access.