Volume 4 Issue 9 Sept 2014
Consultation Liaison Psychiatry, Focus: ‘Forensic Psychiatry’
Since antiquity the interaction between Law and Psychiatry has been a subject of scrutiny and debates. This can be attributed to the dynamic relationship between the two. The concept of mental illness has changed drastically over the past few decades and there has been an exponential increase in the awareness regarding the civil rights of the mentally ill people. Along with this, there has been an increase in use of insanity as a defense in the criminal cases. Therefore, it is imperative for the mental health professionals to have a better understanding of the medico-legal aspects related to mental health problems. With the emergence of the awareness towards the rights of the mentally ill people the Mental Health Act was enacted in 1987 and since then it has been amended from time to time.
In India, the functions of a psychiatrist are variable in nature. He has to certify mental capacity and soundness of mind in civil and criminal cases. The changing socio-cultural values, westernization and stressful life styles have put the institution of marriage under great stress with resultant increase in divorce rate. A psychiatrist may be dragged into court to offer evidence in such matters by the spouse of mentally ill person.
With increased awareness of rights in our democracy, civil rights movements and consumer council are gaining more importance in our day-to-day life. With the introduction of new terms and technologies like brain mapping and legalization of euthanasia, a psychiatrist has to be more aware of the legal implications of his acts. In our country, in matters of legal disputes, psychiatrist is often summoned to provide expert opinion about mental condition of a person. Also in case of making will and where heirship is to be decided, psychiatrist’s role becomes vital to check the testamentary capacity (ability to make valid will) or the competency of a person being selected as heir. So far, in such cases, psychiatrists and other experts including Forensic medicine experts are not well conversed with the interface of law and psychiatry. For bridging this gap, either a Forensic specialist should have additional training in Psychiatry or a specialist in Psychiatry should in addition have a minimally required training in Forensic medicine. Such a timely intervention will help the Law enforcing agencies to administer justice more impartially and efficaciously.
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