Skip to main content

The Kalmadi Conundrum: Can Dementia Save You from Court?


The workings of the law and psychology are inextricably linked in a complex tangle, where “abnormal” behaviour crosses the line into illegal territory. The insanity defense is a tool by which criminal acts can be excused by pleas of mental illness. It is an indispensable device required to protect those who may be suffering from psychiatric illnesses that are detrimental to their sense of judgement and awareness of their actions. The darker side of the defense, however, arises in the difficulties faced in proving the truth or falsity of such claims – for those with genuine mental illness, to show that they were in an unfit state of mind at the time of the crime, and conversely, its misuse by those who may get away with grave crimes simply by pleading insane.
The defense is based on the assumption that “at the time of the crime, the defendant was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behaviour” (Math, Kumar & Moirangthem).  Section 84 of the Indian Penal Code draws the distinction between medical insanity and legal insanity, and poses several challenges, including inaccurate or outdated tests, proving a past mental state, and lack of control in what mental disorders can qualify for the plea (Asokan). While the insanity defense specifically is not always used, it is interesting to see how the involvement of mental illness can play out in court trials, including the ways in which it may be misused.
On July 24th, 2011, NDTV reported that MP Suresh Kalmadi, who had been in Tihar jail for over two months, was suffering from dementia. He had been arrested on 25th April for his involvement in a multi-crore scam as the chairman of the Common Wealth Games Organising Committee. The details regarding his diagnosis remained sketchy, however, and just two days later, on 26th July, the Times of India reported that his dementia was not yet confirmed. Kalmadi ended up being charged under multiple sections of the IPC, including section 467, forgery of a valuable security, which entails life imprisonment as the maximum punishment. His claims of memory loss seemed to have helped him, as in a muddle of inconclusive reporting, he appears to have got away with hardly more than a tainted reputation.
The problem, here, was the inconclusive diagnosis he received, or at least that the media was able to report. In some cases, articles claimed that an MRI showed “diffused cerebral atrophy with old ischemic changes in brain parenchyma with calcified granuloma in caudothalamic groove on left side”. These do not indicate a decisive diagnosis of dementia, and may also be caused by diabetes, high blood pressure, and other such ailments (TOI). It was also reported that “dementia at a preliminary stage was mentioned in the medical history submitted to Jail authorities by the family members” (NDTV).
The DSM-5, which has redefined the category of dementia as “Major Neurocognitive Disorder”, requires as a criterion for diagnosing depression that “the cognitive deficits interfere with independence in everyday activities (i.e., at a minimum, requiring assistance with complex instrumental activities of daily living such as paying bills or managing medications).” From when Kalmadi was involved in the organising committee of the CWG, right through the trial and after, it’s difficult to see any apparent signs of his illness. He was able to continue as a sitting Congress MP (India Today) and was even permitted to visit London for the 2012 Olympics, showing no “significant cognitive decline from a previous level of performance” (DSM-5).
In the use of such a defense that is so important for those who require it, it is of utmost necessity that care is taken to appropriately clinically diagnose such a disorder and ascertain that at the time of the crime the defendant was truly of unsound mind. Taking mental health seriously is imperative, not arbitrarily punishing those who were not in control of their actions, and worsening their conditions with imprisonment. It is important to also take into account the precedent set when a powerful person, such as a member of Parliament, can claim memory loss without a conclusive diagnosis and get away with minor repercussions for a serious crime of corruption. On the whole, a greater awareness of various mental illnesses and the threats they may pose can help to reduce the number of these crimes that occur to begin with.

References
Asokan, T. V. (2016). The insanity defense: Related issues. Indian J Psychiatry 58, S2:191-8.
Diagnostic and Statistical Manual of Mental Disorders: DSM-5. (2013). Arlington, VA: American Psychiatric Association. Print.
India Today. (2014). Day-to-day trial in CWG scam case as per SC verdict. Retrieved from https://www.indiatoday.in/india/north/story/cwg-scam-suresh-kalmadi-sc-verdict-commonwealth-games-190607-2014-04-27
Jha, D. N., & Basu, I. (2011). Kalmadi ‘dementia’ not confirmed. Times of India. Retrieved from https://timesofindia.indiatimes.com/city/delhi/Kalmadi-dementia-not-confirmed/articleshow/9364914.cms
Math, S. B., Kumar, C. N., & Moirangthem, S. (2015). Indian J Psychol Med 37(4): 381–387. doi: 10.4103/0253-7176.168559
NDTV. (2011). Kalmadi suffering from memory loss, trial may be affected. Retrieved from https://www.ndtv.com/india-news/kalmadi-suffering-from-memory-loss-trial-may-be-affected-462637

Comments

Post a Comment

Popular posts from this blog

PTSD and its relationship with defense mechanisms and empathy: Character analysis of Levi Ackerman (SnK)

|Indira Bulhan Blog post: 1 “Manga is for kids” (My ignorant friend, 2018). Manga is often treated by people as something which is not so serious. However, it holds within itself some dark aspects of humanity. One such example is Shingeki no Kyojin (Attack on Titan). In it, the character of Levi Ackerman has been through a series of events which sets him apart from the people around him. Through this blog post, I will look upon the nature of post-traumatic stress disorder (PTSD) and its relationship with defense mechanisms and empathy.     Levi’s past is filled with events which can act as strong stressors for the development of trauma: the death of his mother at an early age, abandonment by father, raised by his uncle in the underworld in a highly unhygienic and malnourished state (who later abandons him again), death of his two closest friends and lover. Post-traumatic stress disorder or PTSD can be defined as a mental disorder which can happen to peopl...
Post a Comment
Read more

Is Patrick Jane a psychopath?

Under the Diagnostic and Statistical Manual of Mental Disorders (DSM), Psychopathy was never recognized, until the revised DSM-5 categorized it under Anti-Social Personality Disorder. “He will choose you, disarm you with his words, and control you with his presence” (Hare)  Psychopaths can replicate the behavior which the person they are interacting with thinks they want from them, without feeling a thing, which contributes greatly to their ability to manipulate. Psychopaths charm and lie their way seamlessly to the top, and while they lack empathy, they are well-liked because they know what to say and when to say it. Psychopaths occupy most of the positions of power in our society and corporations and thus often end up being glorified. This glorification of psychopaths is most evident in the portrayal of psychopathy in TV shows. Some of the most notable characters which the screen has ever seen, like Marlo Stanfield from ‘The Wire’, James Moriarty from ‘Sherlock’, Hanni...
Post a Comment
Read more

Patrick Bateman: A Successful Psychopath

Abigail D'Souza Personality disorders are psychological disorders characterised by rigid and pervasive patterns of behaviour that persist over time. These must be maladaptive, or cause clinically significant distress to the individual, and are typically recognizable by late adolescence, or early adulthood. The most commonly known personality disorder is Antisocial Personality Disorder (ASPD), or rather Psychopathy, since people often assume the two are synonymous. They aren’t.   ASPD belongs to the Cluster B group of personality disorders, along with Histrionic, Narcissistic, and Borderline personality disorders. Individuals with these tend to be dramatic, emotional, and erratic (Hooley et al., 2021). ASPD is characterised by a lack of moral or ethical development; inability to follow approved models of behaviour; deceitfulness; manipulation of others; history of conduct problems as a child, etc. (Hooley et al., 2021). Psychopathy however, is more a set of traits, like superfi...
Post a Comment
Read more