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Mental health rights

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24.07.2024

SOME years ago, in a landmark ruling, the Supreme Court issued a transformative decision in the Safia Bano case, significantly advancing the integration of mental health considerations into the country’s criminal justice system.

Led by a five-member bench, with renowned psychiatrist professor Dr Mowadat Hussain Rana serving as amicus curiae, the court declared that carrying out the death sentence in the case of a mentally ill prisoner incapable of comprehending their punishment violated the principles of justice.

The ruling mandated the formation of medical boards for comprehensive evaluations, resulting in the commu-tation of some death penalties to life imprisonment.

It also directed legislative amendments and prison rule revisions to ensure fair treatment and proper care for mentally ill inmates. This included establishing specialised forensic mental health facilities and training programmes for judicial personnel. By setting a precedent for considering severe mental illness as a mitigating factor in capital cases, the decision aligned Pakistan’s legal framework more closely with international human rights standards, emphasising a just and humane approach to mentally ill individuals........

© Dawn


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