Mentally ill who are threat to selves & others liable for police action: Experts
KOCHI: In the wake of the Chendamangalam murder in which a 27-year-old killed three of his neighbours, experts point to the wrong perception that police cannot initiate any action against people with psychiatric issues. In fact, the law states that police should take protective measures to ensure that people with mental illness don’t become a threat to themselves and others.
Following the murders of Kizhakkumpuram residents Venu, 65, his wife Usha, 62, and their daughter Vinisha, 32, neighbours claimed that multiple police complaints had previously been lodged against the accused Rithu Jayan. However, no action was initiated as he possessed a certificate that stated that he suffered from a mental illness.
According to Dr Arun B Nair, professor of psychiatry at Thiruvananthapuram Medical College Hospital, there are provisions for police under in Mental Healthcare Act, 2017, if a person turns a threat to himself and others.
“Section 100 of Act directs an officer in charge of a police station to take under protection any persons within the limits of the station whom the officer has reason to believe is a risk to himself or others by reason of mental illness. The person should be produced before a medical officer for assessment of the condition.
After the assessment, the person shall be taken to the nearest public health establishment within 24 hours from the time of being taken into protection. So, a person involved in criminal activities cannot evade police action even if he has a certificate issued from doctors,” Arun said.
According to him, the Bharatiya Nyaya Sanhita (BNS) clearly states about persons who are not criminally responsible for their actions. “Under section 22 of BNS, formerly section 84 of IPC, the person who is mentally ill and cannot understand the nature of their action is not criminally responsible for their action.
So not just mental illness, it is also important that the person understand the nature of the action. If a person with a psychiatric issue stabs another person for some other reason, he would not be exempted from the law. It is vital to establish that the person is not legally insane,” Arun said. He said the increase in drug abuse among youngsters can be linked to gruesome incidents like the one in Chendamangalam.
“When a mentally unstable person uses drugs, he turns more aggressive. Measures to tackle drug abuse among youngsters should begin from the family level. Children should be taught life skills, which must be made part of school curricula. Stringent punishment after a speedy trial would also act as a deterrent,” he said
Meanwhile, police have started recording statements of neighbours who witnessed the triple murder. As part of evidence collection, officers examined the premises of Rithu’s house on Saturday. Venu’s son-in-law Jithin, who suffered injuries in the attack, remains in critical condition. He underwent surgery on Friday and continues to be on ventilator support. He has been placed under 48 hours of observation, hospital authorities said.