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the distinction between medical insanity and legal insanity, and poses several challenges, including inaccurate or outdated tests, proving a past mental state, and lack of control in what mental disorders can qualify for the plea (Asokan).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 24^th, 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 25^th 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 26^th 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