Detention of Lunatic:
N.K.Assumi
(Querist) 04 September 2008
This query is : Resolved
is it proper to detained a dangerous lunatic under National or State Security Acts?
ESTHERPRIYA
(Expert) 04 September 2008
yes what is it in wrong a Psycho persons can be arrested and placed in Mentally retarded hospitals to be taken care just to save the national and state peace and security. But he cannot be charged with any IPC or other offences. He can be transferred to a prison hospital and he must be looked with care.
K.C.Suresh
(Expert) 05 September 2008
The number of disabled people in our country has been perpetually on the increase and at present, there are about 100 million disabled persons in our country. It is heartening that the predicament of the disabled has been taken note of by the Indian Legislature. Several Acts have been made to protect the legal interests of the disabled who would otherwise be left to the vagaries of fate. These Acts mainly consist of the Mental Health Act, 1987, the Rehabilitation Council of India Act, 1992, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and more recently the National Trust for welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
There are also several constitutional guarantees and protections made available to the disabled in various other laws of the country.
The Mental Health Act 1987 which was a follow up of Indian Lunancy Act defines a mentally ill person. A “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation;:
A “mentally ill prisoner” means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in section 27 has been made;
Section 27 of Mental Health Act, 1987
ORDER IN CASE OF MENTALLY ILL PERSON CRUELLY TREATED OR NOT UNDER PROPER CARE AND CONTROL -
Very officer in charge of a police station is mentally ill and is not under proper care and control, or is mentally ill person, shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.
Any private person who has reason to believe that any person is mentally ill and is not under proper care and control,, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.
If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person.
If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to take proper care of such mentally ill person and where such relative or other person willfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees.
If there is no person legally bound to maintain the mentally ill person, or if the person legally bound to maintain the mentally ill person refuses or neglects to maintain such person, or if, for any other reason, the Magistrate thinks fit so to do, he may cause the mentally ill person to be produced before him and, without prejudice to any action that may be taken under sub -section (4) , proceed in the manner provided in Sec.24 as if such person had been produced before him under sub-section (3) of Sec. 23.
COMMENT
In case the Magistrate, within the local limits of whose jurisdiction the mentally ill person resides, comes to know that the said mentally ill person is being ill treated, neglected or cruelly treated, he is empowered under this section, to pass orders requiring the relative or other person to take care of such mentally ill person. This section also makes provision for punishment in case of non-compliance of the aforesaid orders.
C - F
N.K.Assumi
(Querist) 05 September 2008
Dear K.C.Suresh,
Thank you for your elaborate write up and indeed I am amazed with your indeepth understanding of the subject which many many used to ignore. But you know there is no small thing or big thing in law.I really appreciate it, and tanx for taking the trouble.
And dear Padmapriya I agree with you that we should utilized the Security act though some may not gree with us.
SANJAY DIXIT
(Expert) 08 September 2008
Vital information by Mr Suresh. Nothing more to say. Thanks.
