Even now people believe marriage cures mental illness: Madras High Court acquits Schizophrenic CISF officer of murder

A murder case involving a schizophrenic CISF officer and the apparent ignorance of the top brass in the Central Industrial Security Force (CISF) about the jawan's mental condition recently led the Madras High Court to briefly touch upon the stigma surrounding mental illness (Vijay Pratap Singh v. State)..A Bench of Justices PN Prakash and RN Manjula on Thursday acquitted the CISF officer after finding that there was adequate material to show that the officer was suffering from schizophrenia which may have led him to shoot his fellow officers. The Court in its order also lamented how marriage is viewed as a cure for mental illness in India."In fact, in our country, there does exist, even now, a belief that marriage will cure mental illness, as if it is the panacea therefor, little realising that, post marriage, the life of the other spouse is going to be in jeopardy," the Court said..The Court also expressed surprise that neither his colleagues nor the higher ups at the CISF were aware that the officer was suffering from schizophrenia.."What really surprises us is how did the CISF brass did not know that one of their jawans was suffering from mental illness. Oblivious of this fact, they have allowed him to bear firearms, resulting in the loss of three precious lives and injuries to two ... even the buddy pair of the appellant was not aware of his mental illness", the Court remarked. .The Bench further acknowledged that people are generally unable to easily accept that a person is suffering from mental illness and requires treatment for the same. ."It is true that none would easily accept that he has some mental illness and requires treatment. People will normally go on a denial mode," the Court stated. .Case background.In the present case, three CISF officers had died and two were injured after the accused officer, who was working as a Head Constable with the CISF, opened fire randomly in 2014. .The Court was told that the officer laid down his arms without protest after Inspector of Police, CISF, Shoba heard the commotion during her morning walk and ran to the scene to confront the officer. .After the firing, the officer was also stated to have shown strange behavior. In this regard, it was submitted that the accused officer was seen pacing up and down the the parade ground frequently placing his weapon on the guard of honour platform and removing it. .A trial court had acquitted the officer of some offences but convicted him for murder, prompting an appeal before the High Court for his acquittal on the ground of insanity. .After consulting the doctors who treated the CISF officer and perusing medical records, the Court found that the appellant had been under treatment for his mental disorder since 2012. .The Court noted that he had been put on anti-psychotic tablets that were known prescriptions in chronic cases of schizophrenia. This, coupled with the odd behaviour exhibited by the accused officer on the day of the shooting, led the High Court to order an acquittal. .On the law governing accused persons suffering from mental illness.Even in Kautilya's Arthasastra, there is an exemption from punishment for a mentally ill offender, the Court noted as it delved into a discussion on the law governing mentally ill persons who are accused of crimes. .The Court reiterated that a person can be acquitted on the ground of unsoundness of mind under Section 84 of the Indian Penal Court (IPC) if such person is incapable of understanding that his act is wrong or contrary to law..Relying on the UK decision in Bratty vs. Attorney General for Northern Ireland, the Bench recounted that schizophrenia is a disease of the mind that could attract M'Naghten's rule. The landmark M'Naghten's case is an English case where a jury acquitted a murder accused after finding that he suffered from morbid delusions that pointed towards his legal insanity. On this ground, the jury pronounced the accused not guilty, it was recalled..The Bench noted that in India, the issue of whether Section 84 of IPC is applicable to an accused who suffers from schizophrenia, has been settled in Shrikant Anandrao Bhosale vs. State of Maharashtra, wherein the top Court had acquitted a man of murder charges upon finding that he suffered from paranoid schizophrenia..In Devidas Loka Rathod vs. State of Maharashtra as well, the Supreme Court had invoked Section 84 and acquitted an accused who suffered from schizophrenia, the Court noted..The Court further observed that burden on the accused under Section 105 of the Indian Evidence Act to prove that he can avail the benefit under Section 84, IPC would discharged when the Court, from the totality of proved circumstances, entertains a reasonable doubt that the accused person was of unsound mind at the time of the crime..In this case, from the totality of proved circumstances, the Court was able to clearly discern that the CISF officer accused had been suffering from schizophrenia, which manifested in auditory hallucinations and hearing of voices of people abusing him. .The Court added that since the officer was required to report for duty early in the morning, he may not have been taking his medicines regularly, which may have led him to open fire on his colleagues under the belief that they were abusing him. .CISF officer to be treated, additional compensation to be paid to family of deceased.After acquitting the CISF officer of all charges, the Court proceeded to direct his transfer to a government mental hospital in Uttar Pradesh, from where he hails..The Court has also ordered the grant of ₹3 lakh as compensation to the widows of those officers who died after the shooting, and ₹2 lakh as compensation to the two other officers who were injured. This was in addition to ₹10 lakh already paid as ex gratia amounts to the families of CISF officers who are killed in service..Upon being appraised that the son of one of the deceased officers was not given CISF appointment on compassionate grounds as he failed to clear qualification tests, the Court has asked the authorities to grant him an opportunity to apply for a follower’s post (cook, water carrier, sweeper, tradesman, etc.).A recommendation was also made to the Secretary, Ministry of Finance and Secretary, Ministry of Home Affairs, Government of India, to sanction extraordinary family pension to the families of the three deceased officers. .Advocate CR Malarvannan appeared for the appellant-CISF officer, Additional Public Prosecutor Babu Muthu Meeran appeared for the State, Senior Panel Counsel Rajnish Pathiyil represented the CISF and Advocate Sharath Chandran assisted the Court as Amicus Curiae..[Read Judgment]