Mental Health and the law: An overview and the need to develop and strengthen the discipline of forensic psychiatry
Vedika Jogani
Remedial for quiz 10
Remedial for quiz 10
Mental Health and the
law: An overview and the need to develop and strengthen the discipline of
forensic psychiatry
The given article talks of forensic psychiatry, the need to
develop better intuitions in India and the means of going about it.
Forensic psychiatry, as defined by Pollack is a broad and
general field in which psychiatry theories, concepts, principles, and practices
are applied to any and all legal systems. It is a sub specialty of psychiatry related
to criminology. It is a common based fact that people with mental disorders are
vulnerable to abuse and violation. This violation can be stemmed from family
members, care givers, loved ones etc. Hence, to ensure a good mental health of
these vulnerable individuals proper and advised care needs to be given. The article
talks about ‘hard’ and ‘soft’ laws. Hard laws are the ones that are binding and
enforceable internationally and domestically. While, ‘soft’ laws are those laws
that are not binding. In order to ensure better mental health laws need to be
changed to make them more complaint international conventions. The article goes
on to talk about mental health in India. PILS have changed the outlook of
mental health in India. Instead of it being focusing only on institutional treatments,
it is also spread to economic, social and cultural rights of a person. The reasons
for the failure of institutionalising patients owes to the fact to the poor
living condition, budgets, and voluntary admissions. In order to ensure good
health care there is a large requirement of human resources, facilities and
budgets. Word has spread to show that forensic psychiatry is just beyond
criminology. The current state of psychiatry has very little infrastructure, no
trained psychiatrists and decisions are made by trial and error. Thus, the state
of forensic psychiatry is well beyond poor. Case studies done at the Bangalore
prison and Tihar jail go on to show that 79.6% prisoners had been diagnosed by
mental illness and substance abuse due to the enormous consumption of tobacco. Illnesses
like depression and schizophrenia were common among prisoners guilty of major
crimes. While facing administrative and
logistical issues the most common problem lies in the ethical issues. There is
a constant conflict between ensuring well-being of the patient and that of
society. The logistical issues include lack of background information, patient’s
history, behavioural and serial mental examinations along with lack of information
of the family background. The article concludes with giving suggestions on how
this situation can be resolved in India. The proposed centre, called the Centre
for Human Rights, Ethics, Law and Mental Health, has the objectives of increasing
human resources, standards of diagnostic and investigation , art clinical and
resource facilities, forensic services in the country, academia in this field,
research and revamping the national policy for forensic psychiatry.
Therefore, this article talks about the poor conditions of
the mental care in India simultaneously giving suggestions on how it can and
should be improved.
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