Mental Illness and Criminal Justice System of Pakistan: Analysis of the Landmark Judgment in Safia Bano Case

Abstract

The aim of the study is to outline the legislation provided for mentally ill offenders and prisoners. Individuals suffering from mental illness are the most vulnerable segment of society, but in Pakistan, the conditions of mentally ill prisoners are very pathetic. During the arrest, prosecution, sentence, and detention, the criminal justice system of Pakistan fall short of providing adequate protection to persons with psychosocial disabilities and mental illness. The study aims to analyze the latest judgment in the Safia Bano Case, in which the Supreme court commuted the death sentence of three mentally ill prisoners on death row. The study will discuss the impact of this judgment on mentally ill prisoners undergoing trial and imprisonment. The researcher will use doctrinal research methods to analyze the relevant laws regarding the protection of the rights of the mentally ill in the criminal justice system. The International obligations of Pakistan related to mentally ill persons are also highlighted. The landmark judgments in this regard will also be analyzed along with a descriptive analysis of the conditions of such persons in Pakistan. In Pakistan, mental health is not given due importance in the normal course. The situation is detrimental in the case of mentally ill persons undergoing trial or conviction. As the mentally ill neither represent him during the trial nor the ends of justice can meet if he is undergoing imprisonment. The jurisprudence developed by the Supreme court is welcoming as it will impact the treatment of mentally ill persons significantly. It aligns with the protection of the most stigmatized and marginalized segments of society. The study will ultimately imbibe arbitrariness within the application of law and protects their rights in the long run.