#India – Madras High Court Bench saves paranoid schizophrenia patient from execution #mentalhealth


      MOHAMED IMRANULLAH S. , The Hindu , Jan 12,2013
          Sets aside his conviction and orders treatment at Institute of Mental Health

The Madras High Court Bench here on Friday came to the rescue of a person suffering from paranoid schizophrenia and saved him from facing the gallows as ordered by a lower court.

The individual R. Maruthu alias Maruthupandian had beaten to death two women and three men with a log at Melachivapuri village in Ponnamaravathy Taluk of Pudukottai district on June 19, 2009.

Disposing a criminal appeal filed by him along with a statutory reference made by the trial court, a Division Bench of Justice M. Jaichandren and Justice S. Nagamuthu set aside the conviction as well as capital punishment imposed on him by the Mahila Court in Pudukottai district on January 23, 2012.

The Bench held that a person of unsound mind could not be convicted for any offence.

The judges also disagreed with the trial court’s conclusion that the appellant was only pretending to be suffering from paranoid schizophrenia.

Referring to the medical evidence as well as statements made by the prosecution witnesses before the trial court, they said that there was overwhelming evidence to prove that he was suffering from the mental disorder for long.

The judges directed the Superintendent of Tiruchi Central Prison to release the appellant forthwith.

However, apprehending that he might be a potential danger to others if allowed to go scot-free, they invoked Section 24 of the Mental Health Act and ordered his detention at the Institute of Mental Health at Kilpauk in Chennai for safe custody and treatment.

Writing the judgement for the Bench, Justice Nagamuthu pointed out that the appellant, a native of Melachivapuri, was married five years before the five murders took place and migrated to Tiruppur. But his wife deserted him. His parents too refused to take care of him. Alienated and alone, he turned to narcotic drugs and liquor.

After a few years, he returned to his native place and struggled to make both ends meet.

“Even to meet his every day expenditure, he had no money. He used to seek monetary help from the villagers for food. Virtually, he was begging and therefore, the villagers did not respect him. Obviously, he was suffering from mental illness,” the judgement read.

Considering him a nuisance, the villagers forced him onto a bus bound to Tiruppur on June 8, 2009. However, he jumped out of the vehicle after travelling some distance and returned to his village, much to the dismay of many.

On the day of the incident, he was infuriated at the villagers and began attacking people at random.

The rage resulted in the death of five.

Though the facts clearly establish that the appellant was suffering from a mental disorder even before the killing occurred, the trial court had refused to give credence to them for the sole reason that the appellant admitted killing the five individuals when questioned by a police officer immediately after the incident. The court was of the view that a mentally unstable person would not admit his offence.

Stating that it was unable to agree with the findings given by the trial court, the Division Bench held that the act of the accused of killing the villagers was not an offence as it squarely fell within the exemption under Section 84 of the Indian Penal Code.

The Section states that no act committed by a person of unsound mind could be termed as an offence punishable under law.

 

 

End of the road for mentally ill?


End of the road for mentally ill?

Arita Sarkar

Chennai, June 7, 2012, The Hindu

Patients who are not claimed by their families continue to live in the wards and are employed in the industry therapy unit

Two months ago, 26-year-old D. Sundar Raj, a patient at the Institute of Mental Health (IMH), craved for his family’s attention to such an extent that the desperation drove him to climb up the terrace of the ward and escape the premises, only to get accidentally hit by a passing lorry. This unfortunate incident sends out a strong message about the lack of social support and growing negligence of the patients at IMH.

A 206-year-old institution, IMH is the only government residential facility in the State for the mentally ill. The institute has about 1,300 patients, housed in eight wards designated for women and 12 wards for men including one for male criminal patients.

S. Ambika, a social welfare officer at IMH, said, “There are six units at IMH and on an average, every unit comprises 70-100 patients. In each unit, a maximum of ten patients get visitors on a regular basis.” In the third unit that she supervises, there are only two patients who have family members that visit occasionally.

“After the first few months, most people stop visiting their relatives admitted here. As a reminder, the families are sent postcards and letters at least once a month persuading them to visit the patients more often,” she said.

In some cases, the families give fake addresses making it difficult for the hospital officials to track them down. A 35-year-old patient, admitted at the IMH for five years, was in a similar situation recently. “After his treatment, when he was sent home with a male attendant, the address turned out to be a fake one. He was brought back here,” said Ambika.

Patients who are not claimed by their families continue to live in the wards and are employed in the industry therapy unit where they learn how to stitch uniforms and bind books.

According to the on-call psychiatrist and associate professor, V. Sabitha, “No matter what the illness may be, there is always an improvement in the condition of the patient within six to eight months. Most of them are then fit to be discharged.”

Though advised to come between 8 a.m. and 1 p.m., the families will categorically visit after working hours so as to avoid meeting the medical officer since most of them have no intention of taking their discharged family member back home, she said.

Highlighting the importance of the presence of families in the treatment of patients and discouraging the prolonged stay of a patient after treatment, Dr. Sabitha said, “After being healed, if one continues to stay in the same environment, then eventually, their condition will deteriorate.”

Archives

Kractivism-Gonaimate Videos

Protest to Arrest

Faking Democracy- Free Irom Sharmila Now

Faking Democracy- Repression Anti- Nuke activists

JAPA- MUSICAL ACTIVISM

Kamayaninumerouno – Youtube Channel

UID-UNIQUE ?

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 6,228 other followers

Top Rated

Blog Stats

  • 1,844,774 hits

Archives

June 2021
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
282930  
%d bloggers like this: