MENTAL ILLNESS, CRIMINAL JUSTICE, AND THE NEED FOR AN EFFECTIVE LEGAL FRAMEWORK IN INDIA

LAW

The World Health Organization recognizes mental illness as a growing global concern, affecting an estimated 450 million people. This issue creates a complex intersection of medicine and law, particularly when mental illness is linked to violence. Studies in India show a troubling prevalence of mental disorders (8-12%) within the general population. Research suggests a connection between individuals with mental illness and the criminal justice system, including their increased presence in communities and a higher risk of criminalization. The Mental Health Act of 1987, criticized for focusing solely on mental hospitals, prompted the proposal of the Mental Health Care Bill of 2013. Though India's future mental health legal framework draws heavily from Western laws, it risks overlooking flaws in those systems and failing to consider a culturally sensitive approach. While current legislation provides some protections for the mentally ill involved in criminal activity, future legal prospects raise concerns about the effectiveness of treatment and the potential for a significant social burden. Well-documented cases from the West involving mentally ill individuals and crime highlight the dangers of adopting Western mental health laws without considering their cultural relevance to the Indian context

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