HC flags liquor/drug addiction-crime link, calls for psychiatric treatment of accused persons

Mumbai, Oct 4 (PTI) Noting that alcohol and drug addiction is a mental illness, the Aurangabad bench of the Bombay High Court has underlined the need for psychiatric treatment and rehabilitation before releasing arrested persons on bail in view of the safety of society.

The high court passed an order last week while hearing a bail plea filed by a man arrested for the alleged harassment and murder of his wife.

Expressing concern over the easy availability of illicit hooch and drugs despite a ban, a bench of Justice Sanjay Deshmukh stated that prohibited drugs are provided to the new generation by neighbouring countries, constituting a "drugs war" against our country.

The bench directed authorities concerned and district courts to strictly follow the provisions of the Mental Healthcare Act, 2017, regarding the treatment of the accused who are mentally until they fully recover.

If this course is followed by all concerned, police, jail authorities, and courts, it will reduce the number of crimes, and society will be relieved from the legal mischief of such persons, fulfilling the objective of the reformative theory of punishment as per criminology and penology, the high court said.

The order was passed in response to a bail plea filed by Pramod Dhule, arrested for the alleged harassment and murder of his wife. Dhule was terminated from the CRPF due to misconduct, as he was addicted to liquor.

Noting that it was not inclined to grant bail, the bench said that if such mentally ill persons are released on bail, they continue with illegal acts.

"Instead of releasing such persons on bail without proper treatment and rehabilitation, it would be beneficial to treat them for their mental illness in the interest of the safety of society at large," the HC said.

The accused subsequently withdrew his plea, following which the HC directed Nanded Jail authorities to take him to the district hospital for psychiatric evaluation and treatment.

If he is found to be mentally ill due to addiction to liquor, then he must be treated in a rehabilitation centre until he fully recovers, the bench said.

"If a person is addicted to liquor or drugs, it creates an irresistible impulse to commit overt acts. Due to such illness, an irresistible impulse is created in the minds of such individuals, causing them to become violent and commit crimes, generally assault, for money, resulting in serious injury or death to innocents.

"If a person is addicted to hooch, illicit liquor, or prohibited drugs, it is considered a mental illness as defined under Section 2(1)(s) of the Mental Healthcare Act, 2017, which states that it includes mental conditions associated with the abuse of alcohol and drugs," the high court said.

The World Health Organisation (WHO) also opines that persons addicted to prohibited liquor or drugs are mentally ill, the bench said.

The court stated that illicit hooch and drugs are easily available and sold despite being ban, especially to young individuals, which often leads to intoxication and an increased propensity to commit criminal and civil mischief.

Such addicts create constant fear in society, and they harass their family members, friends, and others, demanding money to satisfy their vices, it stated.

"Though they suffer from mental illness, they are often harshly condemned due to a lack of awareness about mental illness instead of being considered sympathetically, as other illnesses are treated," the high court said.

Such mentally ill persons are often not treated by a psychiatrist for their addiction to liquor and drugs as most of them are uneducated, poor, and belong to the lower economic strata of society, the bench said.

As per the procedure outlined in the Mental Healthcare Act, police, after arresting addicted persons and before producing them for remand, should ensure their medical examination and treatment.

However, medical examinations of such arrested accused are often conducted routinely, merely to comply with formalities, the bench added.

The bench noted that in cases pertaining to an accused being addicted to liquor or drugs, the police or court, or jail authorities must direct a medical examination through a psychiatrist.

"If found mentally ill, then the person shall be directed to a rehabilitation centre for treatment based on the psychiatrist's report. The help of a counsellor or psychologist to change their mindset must be simultaneously taken," the HC said.

The bench also directed the Maharashtra State Legal Services Authority to arrange awareness programs on drug and liquor addiction rehabilitation pathways. PTI SP NSK