Bombay High Court urges sympathy, mental health treatment for all accused battling liquor, drug addiction

The Bombay High Court has directed that people accused of crimes who are also suspected to be addicted to liquor or drugs must be provided psychiatric treatment to ensure their recovery from the mental illness [Pramod Wamanrao Dhule v The State of Maharashtra and Another].

Justice Sanjay A Deshmukh noted that if a person is addicted to hooch (illicit liquor) or prohibited drugs, it is considered a mental illness under Section 2(1)(s) of the Mental Healthcare Act, 2017.

“Therefore, as per the procedure outlined in the Mental Healthcare Act, 2017, police or investigating officers who arrest such persons and produce them for remand, police, magistrate custody, or trial, as well as jail authorities and trial courts, are expected to ensure a medical examination and treatment for such addicted persons,” the Court said.

However, it noted that medical examinations of such arrested accused persons are often conducted in a routine manner, merely to comply with formalities.

To address the situation, the Court issued the following direction,

“When allegations in a report lodged or a charge sheet filed against such an accused indicate that they are prima facie addicted to liquor or drugs, the police, court, or jail authorities must direct a medical examination through a psychiatrist for their addiction to liquor or drugs and, If found mentally ill as defined under Section 2(1)(s) of the Mental Healthcare Act, 2017, they shall be directed to a rehabilitation center for treatment based on the psychiatrist’s report. The help of a counselor or psychologist to change their mindset must be simultaneously taken.”

The Court also called for a sympathetic approach in such cases.

"Though they (those suffering from liquor or drug addiction) 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," it noted.

The Court was hearing the bail application of a former CRPF personnel who is accused of beating his wife to death as she “could not provide a meal to him as per his immediate demand.”  During the hearing of the bail plea, the Court found that the reason for the quarrel was his addiction to liquor. 

In the order passed on September 25, the Court opined that the accused appeared to suffer from a mental illness due to his addiction to liquor. The Court noted that under India's mental healthcare law, the abuse of alcohol or drugs warrants psychiatric treatment and psychological counseling for curing such addiction. 

“The World Health Organization (WHO) also opines that persons addicted to prohibited liquor or drugs are mentally ill. 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,” the Court added.

Commenting on the larger issue of addiction, the Court observed that illicit hooch and drugs are sold illegally by bootleggers and peddlers to young individuals, which often leads to intoxication and an increased propensity to commit criminal and civil mischief. 

The Court further highlighted the consequences of such addiction on families, particularly the children and women.

“Such addicts often harass their family members, friends, and others, demanding money to satisfy their vices. They frequently assault and beat their spouses, children, parents, and other family members or friends. When arrested for crimes, they are found assaulting police and jail staff while being handled. They create constant fear in society. Children and women commonly suffer from their serious overt acts. They also cause vehicular accidents by rash and negligent driving under the influence of liquor and drugs. They are found committing offences like murder, rape, outraging the modesty of women, extortion, robbery, theft, etc., to satisfy their desires and often under the influence of alcohol or drugs, to obtain money needed to purchase these substances.”

However, the Court also viewed the issue sympathetically.

“Most of these persons are uneducated, poor, and belong to the lower economic strata of society. Because of their irrational or arrogant behavior due to the effect of mental illness, they do not respond to requests from family members and others for de-addiction treatment, claiming that they are not mentally ill and will not drink liquor or consume drugs henceforth,” it added.

The Court said that if such persons are released on bail without treatment, they will continue to pose a danger to society and their family members.  

“There is a strong legal and factual grounds for not releasing them on bail, as they are likely to commit crimes in the future, due to their mental illness, as provided under Sections 480 rw 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the law laid down by the Hon’ble Supreme Court and various High Courts in judicial pronouncements,” the Bench said.

Thus, it stressed that 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.

“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 Court said.

In the present case, the Court directed that the accused be sent for a medical examination by a psychiatrist. It added that if he is found to be mentally ill due to liquor addiction, he should be treated in a rehabilitation center until he fully recovers from mental illness in accordance with the procedure laid down in the Mental Healthcare Act, 2017.

The Court also issued the following general directions:

1. In all such cases, the remand and trial courts are expected to review the report (FIR) or charge sheet. If it is prima facie found that the accused are addicted, the court shall direct their medical examination through a psychiatrist and call for medical reports to ensure compliance by the police and jail authorities. Outpatient treatment shall not serve the purpose. Further, private rehabilitative treatment is costly. Hence, a government rehabilitation center is the proper course of treatment.

2. The police officer investigating the crime, the court seized of the matter, and the jail authorities having judicial custody of such persons addicted to liquor or drugs are directed to conduct a medical examination of such accused persons by a psychiatrist. If, based on the report, it is found that they are prima facie addicted to liquor or drugs and suffering from mental illness, appropriate treatment must be provided in a government rehabilitation center, along with counseling by a psychologist or trained counselor in this regard.

The Court further directed the Secretary, Maharashtra State Legal Services Authority (MSLSA), to arrange awareness programs on drug and liquor addiction rehabilitation pathways through all District Legal Services Authorities (DLSAs) and Taluka Legal Services Authorities (TLSAs).

This, the Court said, will be aimed to ensure that there will be a change in the mindset of society, particularly the general public and law enforcers, that instead of hating such addicted persons, they shall be treated with sympathy and empathy, like other illnesses.

Senior Advocate RN Dhorde, with advocate VR Dhorde, appeared for the accused.

Additional Public Prosecutor RS Wani represented the State.

[Read Order]