This article is written by PRIYAL BAKUL SHAH,3rd year LL.B student studying at New Law college ,Mahim.
- Introduction
A key factor in determining a person’s capacity to make independent decisions is their mental capacity, which is a multidimensional concept. Mental capacity is the capacity that allows someone to:
- Comprehends facts given to him or her regarding a certain issue or choice.
- Retains that knowledge long enough to allow for decision-making.
- Evaluates the information at hand before making a choice.
- Transmit their choice.
- Carry out specific responsibilities, including both everyday work and designated obligations.
The term “Indian Legal Systems” refers to the legal framework in place in that country. There was a unique legal tradition that had its own historically independent school of legal theory and practice in the distant past. India has a long history of using philosophical and religious teachings to inform the law. In India, prominent treatises that were regarded as authoritative sources of legal advice included the Arthashastra, which dates to 400 BC, and the Manusmriti, which dates to 100 AD. Southeast Asia cited Manu’s tolerance and variety as his fundamental philosophies. Sharia law was introduced to India during the Islamic era, but it only applied to the Muslim community. There was a breach in the custom when India joined the British Empire, and common law replaced Islamic and Hindu law. Because of this, the country’s current judicial system has little connection to the institutions of the pre-British era and is mostly derived from the British system. English Common Law, a body of law based on historical court precedents with significant European and American influence, forms the foundation of many of the laws currently in force in India. Many of the laws first adopted by the British are still in effect. Therefore, the British eras are where the majority of laws about people with mental illnesses have their origin.
Indian legislation governs the care of those with mental illnesses. The interplay between psychiatry and law is frequently important when it comes to treating PMI. The PMI treatment frequently limits the personal freedom of psychiatric patients. Most nations have regulations guiding how psychiatric patients are treated. The treatment of the mentally ill in Indian asylums is a British invention, even though Ayurveda offers extensive descriptions of various mental disorders in numerous treatises.
- The Constitution of India
No one may be deprived of their life or personal liberty until doing so in accordance with legal processes, according to Article 21 of the Indian Constitution. According to a ruling, this article’s right to life and personal liberty includes “facilities for reading, writing, and expressing oneself in varied ways, freely moving about, mixing, and comingling with fellow human beings.” A person who is of unsound mind and has been so determined by a competent court is ineligible for registration on an electoral roll, according to Section 16 of the Representation of People Act, 1950. As a result, the person is ineligible to occupy any constitutionally recognized public office, including that of the president, vice president, minister, or member of the House of Representatives or State Legislature.
- Indian law governing the management of those with mental conditions
The connection between psychiatry and law is frequently important concerning treating PMI. The PMI treatment frequently limits the personal freedom of psychiatric patients. Most nations have regulations guiding how psychiatric patients are treated. The treatment of the mentally ill in Indian asylums is a British invention, even though Ayurveda offers extensive descriptions of various mental disorders in numerous treatises.
Following the British crown’s acquisition of India’s government in 1858, a rush of laws governing the treatment and care of mentally ill persons in British India were quickly passed. The statutes that were enacted are:
- The Lunacy (Supreme Courts) Act, 1858
- The Lunacy (District Courts) Act, 1858
- The Indian Lunatic Asylum Act, 1858 (with amendments passed in 1886 and 1889)
- The Military Lunatic Acts, 1877.
- Indian Contract Act, 1872.
Anybody of sound mind may enter into a contract, according to the Indian Contract Act of 1872. According to Section 12 of the Act, a person is considered to be of sound mind to enter into a contract if, at the time of doing so, he can comprehend it and make an informed decision about how it will affect his interests. When of sound mind, a person who is typically of unsound mind but occasionally of sound mind may enter into a contract. A person who is typically of sound mind but occasionally of unsound mind is not permitted to enter into a contract at that time. In other words, a PMI who is not experiencing psychotic symptoms at the time can create a contract, but someone who is intoxicated or delusional at the time cannot.
- Unsound mind as a defence in IPC and Cr.P.C.
The Indian Penal Code of 1860 states that nothing constitutes an offence if it is carried out by a person who, at the time of committing it, is incapable of understanding the nature of the act or that he is acting improperly or against the law due to mental incapacity. The McNaughton Rules, which have been incorporated into Section 84, outline how legally responsible mentally ill people must be in our courts. The Supreme Court has determined that any defense based on insanity must be supported by evidence because everyone beyond the age of discretion is presumed to be sane under the law. According to section 471 of the Cr.P.C. , 1973, such people are transferred to psychiatric hospitals if insanity is established as a defense. In certain instances, the sentence was shortened because the defendant had a mental disease. It was decided that the only sentence that could be handed out was the lower sentence of life imprisonment for a woman (accused) who jumped into a well with her children because she thought her life was becoming intolerable due to family conflict (AIR 1953 MB 61). Section 89 of the IPC protects any activity undertaken in good faith for the benefit of a person of unsound mind by or with the consent of the guardian or other person having lawful custody of such person. In accordance with Section 305 of the Indian Penal Code, aiding a suicide by a lunatic is punishable by death or life in jail (IPC).
- Conclusion
The relationship between the PMI and significant legal provisions of the Indian legal framework has been investigated. The majority of the laws were passed during the colonial era or had colonial roots, therefore it is clear that the British influence was present. PMI laws are now at a crossroads, with most of them being updated to comply with the UNCRPD-2006. Those who support human rights want the absolute legal capacity for PMI, but psychiatrists like to maintain the option of involuntary hospitalization in rare circumstances. The well-being of the PMI and society at large should be the ultimate goal of any legislation measure, it is crucial to remember this.
References
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1079581/
https://rshrc.rajasthan.gov.in/includes/HUMAN-RIGHTS-ARTICLE-21.pdf
