All persons with a mental illness, or who are being treated as such persons, have the right to protection from economic, sexual and other forms of exploitation, physical or other abuse and degrading treatment.Ĥ. All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person.ģ. All persons have the right to the best available mental health care, which shall be part of the health and social care system.Ģ. The exercise of the rights set forth in these Principles may be subject only to such limitations as are prescribed by law and are necessary to protect the health or safety of the person concerned or of others, or otherwise to protect public safety, order, health or morals or the fundamental rights and freedoms of others. "The review body" means the body established in accordance with Principle 17 to review the involuntary admission or retention of a patient in a mental health facility. "Personal representative" means a person charged by law with the duty of representing a patient's interests in any specified respect or of exercising specified rights on the patient's behalf, and includes the parent or legal guardian of a minor unless otherwise provided by domestic law "Patient" means a person receiving mental health care and includes all persons who are admitted to a mental health facility "Mental health practitioner" means a medical doctor, clinical psychologist, nurse, social worker or other appropriately trained and qualified person with specific skills relevant to mental health care "Mental health facility" means any establishment, or any unit of an establishment, which as its primary function provides mental health care "Mental health care" includes analysis and diagnosis of a person's mental condition, and treatment, care and rehabilitation for a mental illness or suspected mental illness "Independent authority" means a competent and independent authority prescribed by domestic law "Counsel" means a legal or other qualified representative There is an urgent need to initiate formal graduation course, setup Forensic Psychiatric Training and Clinical Services Providing Centers across the country to increase the manpower resources and to provide fair and speedy trail.Ĭriminal responsibility Indian Penal Code Section-84 insanity defense legal insanity medical insanity.These Principles shall be applied without discrimination of any kind such as on grounds of disability, race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, legal or social status, age, property or birth. Researchers present a model for evaluating a defendant's mental status examination and briefly discuss the legal standards and procedures for the assessment of insanity defense evaluations. This article focuses on the recent Supreme Court decision on insanity defense and standards employed in Indian court. It is hard to determine legal insanity, and even harder to successfully defend it in court. The defendant has the burden of proving the defense of insanity by a "preponderance of the evidence" which is similar to a civil case. This means that just suffering from a mental disorder is not sufficient to prove insanity. Insanity defense is a legal concept, not a clinical one (medical one). It is based on the assumption that at the time of the crime, the defendant was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behavior, hence making them not legally accountable for crime. Insanity defense is primarily used in criminal prosecutions.
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