The Bombay High Court has ruled that individuals accused of crimes who are also addicted to alcohol or drugs must receive psychiatric treatment as part of their recovery, emphasizing that addiction is recognized as a mental illness under the Mental Healthcare Act, 2017.
Justice Sanjay A Deshmukh highlighted that addiction to illicit liquor or prohibited drugs falls within the definition of mental illness under the law. He directed that when such individuals are arrested and produced before police or courts, they must undergo a medical examination by a psychiatrist. If found mentally ill due to addiction, they should be sent to government rehabilitation centers for treatment, with psychological counseling provided simultaneously.
The court noted that current medical examinations often amount to mere formalities and lack the depth required to properly assess such individuals. It called for a more thorough and compassionate approach to ensure these accused persons are treated fairly and receive necessary care.
The directive came while hearing the bail plea of a former CRPF personnel accused of killing his wife, with the court observing that his addiction to alcohol was a key factor behind the violent incident. Justice Deshmukh pointed out that addiction often leads to uncontrollable impulses that can result in violent crimes, as supported by World Health Organization findings.
The court expressed concern about the broader societal impact of illegal liquor and drug distribution, particularly on families. Addicted individuals often harass and assault family members, create fear in communities, and are involved in various serious crimes including assault, robbery, and even vehicular accidents caused by intoxicated driving.
Despite the serious consequences, the court urged empathy for addicts, many of whom come from poor and uneducated backgrounds. It acknowledged the challenges families face when addicts deny their condition and refuse treatment.
Releasing such individuals on bail without treatment poses a threat to public safety, the court warned. It stressed that courts, police, and jail authorities must prioritize rehabilitation to prevent further crimes and protect society.
To promote awareness, the court tasked the Maharashtra State Legal Services Authority with organizing programs focused on addiction and rehabilitation, aiming to foster understanding and reduce stigma.
This ruling sets a significant precedent, emphasizing treatment over punishment for those whose criminal behavior is driven by addiction, aligning legal processes with mental health considerations.
