Introduction:
Law and mental health are two lines that intersect in multiple ways. These two disciplines constantly transform and inform one another. This arena in the past few decades has been significantly broadened when we compare it with the past when people’s understanding of forensic psychiatry was conventionally narrow. Traditionally the basic and primary concern in justice system was towards the criminal aspects that are there in mental health which also includes the insanity plea and it could be extended to the level of fitness to stand in a trial and their testamentary capacity.[1] The Basic concern in law field is to establish mens rea and the culpability and on the other hand, the field of mental health is concerned with treatment and care.
Development of Nexus between Law and Mental Health
In recent times, many of it has changed. The intersection between these two fields has nowadays brought the focus of psychiatry, medical interface, psychology and law. Therefore, the field of law and mental health is observed to have become more multidisciplinary. In many countries that have advanced legislations, the way in which illness and mental health are understood which includes psychodynamic, biological, social and behavioural, the issues related to jurisdiction are also lead to an impreciseness and confusion about what this area actually embraces.
Forensic psychiatry in modern times has benefited from following key developments:
- The evolution in appreciation and understanding of the relationship existing between criminality and mental illness.
- The evolution of the tests which are done in order to define legal insanity.
- The recent methodologies that were developed for the treatment of conditions related to mental illness by providing the alternatives of custodial care.
- The change in perceptions and attitude among the public regarding mental illness. [2]
The narrow row that confines the criminal responsibility in many areas are broken by forensic psychiatry and has made this psychiatry free of those boundations. As the neurosciences have advanced, it has helped modern forensic psychiatry to understand the complex interplay existing between brain, mind and behaviour in disease and health[3] which also plays an important role in understanding the psychiatry.
In present times, a ubiquitous concern has aroused regarding the human rights of those people who are mentally ill and this concern is not only in India but also globally. The areas of practising, training and investigation are often embraced by human rights and ethics, that are entwined with each other. Human rights initiatives in India have seen various positive changes in policy, practice and law.
Mental Health and Law
The system that operates law in India is referred to as the Indian Legal System. Recent laws in India are majorly based on “English Common Law”. Therefore, the roots of many legislations related to many aspects and also for persons with mental disorders can be seen in years of British rule over India. As discussed above, there is a dynamic relationship existing between law, mental illness and treatment of people who are mentally ill.
In Indian Penal Code, under criminal law people who are of unsound mind are given immunity from the liability of crime under Section 84 of IPC, 1860 and it is based on McNaghten Rules. It is a defence available to people who are suffering from insanity.
The Indian Constitution embodies the basic principles of living and ‘equality’ forms the crux of the document. According to the traditional notion, the word equality means, “treating equals equally and non- equals differently”. There is no exact definition of non- equals but in common parlance it is meant to include people who need extra assistance to fall within the so-called category of ‘equals’. It includes poor people, people with disabilities etc. To ensure the continuance of the ‘Equality principle’ and ‘Rule of Law’, a new law was enacted by the Parliament called ‘The Mental Health Care Act’
The Mental Health Care Act, 2017
The Mental Health Care Act (No. 10 of 2017) was passed on April 7, 2017, and was enforced nearly after one year i.e. on July 7, 2018. The act was drafted in connection to the United Nations Convention on Rights of Persons with Disabilities and its optional protocol which was adopted by the United Nations on December 13, 2006 and came into force on May 3, 2008. India has signed and ratified the said convention on March 30, 2007 and October 1, 2007 respectively. 163 countries have signed the convention on Rights of Persons with Disabilities.
The Mental Health Care Act was enacted with the aim to provide mental healthcare and related services to people suffering from mental illness at the same time to empower and protect rights of such people during the time of rendering healthcare and related services to concerned persons. The division of the said act is into 126 Sections, 16 Chapters and 2 Parts. The act comes with a clear definition of all most all mental illness. It talks about the role of the government, police and also constitution of Mental Health Boards (MHB) and commissions to look into the matters. Separately, the Act also provides for rights of mentally ill person ob both basic and substantial nature. A clear demarcation is made in relation to males, females and females with child/children. The act includes a chapter related to finance and accounts especially dealing with mental health. One of the chapters provides for guidelines regarding admission, treatment and discharge of patients suffering from mental illness. The act is of punitive nature as it provides penalties and punishment in the form of huge amounts and jail terms. Suppose, a person acting against the act will be punished with fine of Rupees 10,000 or a 6 months jail term or both. The last chapter of the act empowers the central government to issue directions to state. It provides different provisions for north-east regions.
Conclusion
There are many provisions under the Indian Legal System that are concerned with people with mental disorders. But it should be emphasized that the welfare of these people should be the ultimate aim of any provision and also should help society at large. The Mental Healthcare Act, 2017 has tried to cover almost all the aspects but it still lacks at many places. The committee should not be limited to certain people as the burden of this issue is difficult to handle by a few people. Also, the punishment for the offences should be grave so that it creates fear in the mind of the people to go against them. There should be a higher body with the power designated for looking over the work done by the police. It should be checked if they ultra vires their power. Also, the registration for the establishment of any institution regarding mental illness should be mandatory and thorough research should be done about them in order to decrease the possibility of any fraud.
References:
[1] Glueck BC. Changing concepts in forensic psychiatry. J Crim Law Criminol. 1954;45:123–32.
[2] rboleda-Flórez J. Forensic psychiatry: Contemporary scope, challenges and controversies. World Psychiatry. 2006;5:87–91.
[3] Silva JA. The relevance of neuroscience to forensic psychiatry. J Am Acad Psychiatry Law. 2007;35:6–9.
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