Forensic psychiatry, the nexus of psychology and law, has undergone a transformation within Pakistan’s judicial system. To address mental health, his 1984 Qanun-e-Shahadat order, which grew out of the foundations laid down by the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898, clarified the role of expert witnesses in such cases. I emphasized it even more. Pakistan used to rely on the Indian Insanity Act of 1912, but the situation evolved with the Mental Health Ordinance of 2001. But the game-changer was the 18th Amendment in 2010, which encouraged states to develop their own mental health policies to reflect the nation’s growth. Addressing mental health in the legal field.
Several cases highlight the growing intertwining of mental health and criminal justice. The Safia Bano case was an important turning point. This incident changed the fate of her three people, replacing the death sentence with a life sentence. It also highlighted the growing indispensability of mental health assessments in judicial proceedings. Justice Manzoor Malik’s legal acumen, combined with Professor Mowadat Hussain Rana’s expertise, provided evidence of the growing fusion of law and psychiatry.
The Safia Bano case marked a pivotal moment in the history of forensic psychiatry in Pakistan and laid the foundation for the country’s future in forensic mental health services. The subsequent landmark Imdad Ali case reinforced the Supreme Court’s unwavering recognition of the equal importance of mental and physical health in the legal realm. The court cited a set of definitions and guidelines from established sources such as the ICD (International Classification of Diseases), the DSM (Diagnostic and Statistical Manual of Mental Disorders), the Indian Mental Health Act, 2007, the Mental Health Act, 2001, state laws, etc. Did. Mental Health Laws: In addition to seeking amendments to existing mental health laws in line with the latest WHO ICD edition, the court also removed archaic and potentially stigmatizing terms such as “unsoundness of mind” from the legal text. Ordered it to be removed and promoted legal regulation from the text of the law. Use of more modern and resonant terminology.
The disturbing case of Zainab Ansari and the gruesome confession of Javed Iqbal Mughal and the horrifying Noor Muqaddam case of 2022 comprehensively highlight the urgent need for a thorough forensic psychiatric evaluation in Pakistan’s judicial system. It is embossed. Zainab’s brutal rape and murder by Imran Ali revealed deep-seated psychopathology within the perpetrator and highlighted the importance of addressing mental disorders in such situations.
A qualified forensic psychiatrist is not available.
Similarly, the heinous Mughal crime of premeditated murder of 100 boys highlighted the urgent need for robust forensic psychiatric care to navigate the complexities of such atrocities. Furthermore, the tragic and brutal murder of Noor by Zahir Jaffer, which shockingly involved imprisonment and decapitation, highlights the need for a complex understanding and assessment of the perpetrator’s mental state before committing the crime. amplified, thereby further solidifying the demand for a comprehensive psychiatric evaluation mechanism in society. Legal framework.
In view of these serious realities and in response to the Supreme Court’s directives, the demand for specialized medical boards staffed with skilled psychiatrists and psychologists specializing in forensic mental health has reached an unprecedented peak. Masu. Current efforts remain constrained by glaring gaps in capacity building. In particular, Pakistan has not yet recognized forensic psychiatry as a specialty and does not have qualified forensic psychiatrists in the country. This stark contrast raises concerns, even though many qualified forensic psychiatrists from Pakistan have achieved success in countries such as Canada, the United States, the United Kingdom, and Australia.
However, a breakthrough was made in 2022. Canadian Psychiatrists from Queen’s University, Canada, are members of Pakistan Psychiatric Association, Department of Psychiatry (MH Rana), Sheikh Zayed Medical University Hospital Rahim Yar Khan, Islamic University (Rahim Yar Khan Campus), Justice Project We are working with Pakistan. Introduced his 3-month online certification course in Forensic Mental Health. This ambitious initiative aims to develop participants into experts skilled in evidence-based evaluation and courtroom testimony.
Pakistan has the potential to reconcile its legal heritage with modern advances in forensic mental health.
Dr. Ali Burhan Mustafa is the Secretary of Pakistan Psychiatric Association Punjab Branch and Associate Professor in the Department of Psychiatry and Behavioral Sciences, Sheikh Zayed Medical University/Hospital, Rahim Yar Khan.
Dr. Urooj Zafar is an assistant professor in the Department of Psychiatry and Behavioral Sciences at Sheikh Zayed Medical University/Hospital in Rahim Yar Khan.
Published at Dawn on November 4, 2023
