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Trending: Call for Papers Volume 3 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

WAIVER OF RIGHT TO OBJECT UNDER THE ARBITRATION & CONCILIATION ACT, 1996 by-Yug Pratik

ABSTRACT

Psychiatric illness or mental disorder. There are many types of mental disorders have been identified. Every 2nd person or your close ones are sometimes diagnosed with some mental disorder. Here are some examples of mental disorders:

  • Depression
  • Anxiety
  • Personality disorder
  • Insomnia
  • Suicidal tendencies

The starting symptoms of a mental disorder are;

  1. Not able to concentrate
  2. Not able to manage your day-to-day life
  3. Mood changes
  4. Sort time anger
  5. Frustration
  6. Changed in eating habits
  7. Started living alone

INTRODUCTION

That image gives an overview of this topic, which we are going to discuss on the psychiatric issues and how they co-related with criminality. Psychiatric illness and Criminality both are different topics here in this paper I will co-relate both and put up a new conclusion that how both are connected.

Who are criminals?

Who is a Psychiatric ill person?

Both are person human being a common people like we are but then why do we distinguish them?

Because of their conduct and behavior am I right?

They are not born criminals nor psychiatric ill, situation changes everything. There are three types of psychiatric ill person-

  • One who wants to cure this problem on their own and consult a doctor
  • The second one is the person whose family brings them to the mental hospital, so that hospital and doctor will take care of them and later they will
  • And the last one is that person where the hospital approaches and is put inside the treatment center because they are dangerous to our

Precaution is better than cure. Everyone knows that but everyone is following this rule? If they are following then how come people are committing suicide and doing crimes?

There are some reasons that we are not able to communicate with others or we don’t want to hear all these problems.

Mental health issues are nowadays very common but still, people feel ashamed for sharing them with others.

There are many reasons for a person to suffer from a mental disorder like a chemical imbalance, injury or accident, past situation, etc.

Firstly, we will see the reasons behind the mental disorder one by one.

Depression: This is a very common word nowadays, we all hear that I am feeling depressed or someone, but the real depression which hits 1/10 person is the real depression and that 1 person who is suffering from the depression is dying inside. He is depressed for some failure reason like love failure, academic failure, or something else and he is not able to overcome that. Now one understands his problem initial later on his depression changes into anger and frustration.

Now we connect this situation to crime, ‘A’ is a person who is initially suffering from depression or mental disorder but that time one understands his situation later it developed into anger and frustration and he behaving very rudely to everyone. He started fighting with every second person in his area.

After day by day, month to month he is more aggressive to everyone and started creating problems for his family or nearby people. One day he beat two people very badly and their family charged an FIR against that person, later on, police took him under custody and filed a charge sheet and submit to the court u/s 159,320,307,308 of the Indian penal code.

People start giving their justification towards that accused whatever is right or wrong.no one understands the initial situation of that person who was suffering from the mental disorder. At that time everyone ignored his behavior but some of their close people say why don’t we take care of her from the initial when his behavior started changing. Every mental disorder or illness is serious but no one takes it seriously until it became dangerous for everyone.

Anxiety – (fear of change or failure) fear the small word but danger in itself, how?

If someone is suffering from anxiety or fear of something it harms you very badly emotionally or physically or sometimes both!

Just, for example, a person name ‘Y’ is suffering from anxiety for the last 2 years but no one can identify his problem. This problem started during his school time, he faces the fear of failure once in his school time, and from that time he is suffering from that fear of failure, then comes anxiety he is very afraid or scared of little change or something new which is going to happen with him. One day his friends came to meet him and ask him for going to a party, firstly he said no when his friends started forcing him to come with them to the party then he agreed. When he reached the party, he feels something auspicious later he realizes he is all around with his old circle of school and the anxiety that thing he is hiding is going to face then he suddenly tries to run out of the party but one of the friends try to stop him but he starts arguing with her and later push her and ran out of the party.

Now, we all think that he is very rude or how strange behavior he is having but no one knows the story behind that situation. After that incident, he start facing panic attacks every day one day the fear that he tries to commit suicide, but he failed.

There is two questions that arises,

  • Why he tries to commit suicide?
  • How did he fail to commit it?

In the above image, there is a Suicide report from India, here you can see how the suicide rate is increasing.

The reason we know sometimes but we avoid it. Let’s see both the aspects

The first one is why he tries to commit suicide. the fear of anxiety or panic attacks that he was facing for the last few days. The word anxiety or fear is very small but the meaning behind this or you can say the story behind this. The story behind a person who is suffering from anxiety or panic attacks is trying hard to survive from the fear of life. He is not able to handle his daily life anymore and tries to commit suicide.

Under section 309 of the Indian penal code, Whoever attempts to commit suicide and does any act towards the commission of such offense, shall be punished with simple imprisonment for a term which may extend to one year or with a fine, or both.

So, we have seen some examples of mental disorders or psychiatric illnesses. Now see how it starts and how it triggers the person so he commits any crime.

In this Covid-19 pandemic, mental health is affected a lot everyone. Some of them get serious problems from this and it changes into some serious problems.

For example, an 18-year-old boy is suffering from minor depression but he is trying to overcome it after the covid-19 pandemic started and the government started doing lockdowns in initial which affect almost everyone, no one had any idea of this type of situation. During the lockdown perthethat boy who is suffering from minor depression is affected a lot by this situation day by day his condition got worse his behavior was very rude and arrogant he started fighting with his family members. Still, his family tries to handle this situation at a there best level sometimes this situation was under control but sometimes few things trigger him and he behaves very aggressively with everyone. His treatment is going on but the problem is due to lockdown the daily life is restricted and he feels very alone and frustrated. A new symptom added to his illness is bipolar means mood swings, one time he seems to be very happy, and a few times later he feels very low or aggressive, he tries to commit suicide by cutting his nerves but his family stops her at that moment before doing he starts punching his hand on the wall and shouting from frustration. But these things only his family can understand society will not easily accept this kind of behavior they directly say he is a maid why he is in our society and sends him to a mental hospital. His family is trying their best to resolve this issue but his nearby flatmate complains to the maintenance office because the boy every time shouts and disturbs them. His family apologizes for his behavior and tries their best to tell the situation but no one is ready to understand. One day one of the neighbors started shouting at the front of his house to send the boy to the mental hospital and that boy get frustrated and took a knife and killed his neighbor. Everyone gets scared no one understands what is happening and what to do next. Someone called the police and caught that boy and takeover the dead body and send it for postpartum. That boy committed the crime of murder and was charged under section 302 of the Indian penal code. The came the court, an advocate who is from the accused side who is the boy who commit the crime pleaded that the boy is mentally ill and unstable, what he had done he don’t know kindly once look this scenario the opposite lawyer the victim side plead that the boy is mentally ill then why his family is not sending him to mental hospital why he was in his home where he commits murder, that boy is in full conscious what he is doing he is just angry from his neighbor and he kills his neighbor.

After hearing the pleading from both sides judge sends that boy to a mental hospital for his treatment and later on, he will complete his punishment for some years.

During his treatment, he suffers a lot he has to face two tags he is mentally sick, and one is that he is a criminal. People started treating him very badly and other patients also behaving very badly with him. He started behaving more aggressively and started fighting with other people, when he acts something like that, doctors and the staff hold her and give him an electric shock or sleeping injection. But no one understands his exact problem.

One day finally he committed suicide and end his own life.

Yes, he is no more, what do you think he is a criminal or we are the ones means society who don’t accept his problem?

A quote is two sides of the same coin. Once think about that boy he is no more what he had done a crime! He was a criminal but he is the only culprit behind it.

Our society and we have to accept that mental health matters. It’s not a joke for others it’s just a normal word but the one who is suffering from that he/she knows what is going on in their life we just have to cooperate with them nothing else we have to take care of our close ones who are suffering from psychiatric illness.

Now we will see and discuss some serial killers.

Some the serial killer or most the mentally ill person but we don’t identify them in the initial stage.

What if we found the issue initially that he or she is suffering from a deadly mental disorder that is going to be very dangerous for society in the future?

Here we discuss the names of serial killers-

  • Jaishankar ( Psycho Shankar)
  • Raman Raghav ( Psycho Raman)
  • Devendra or Devinder ( Doctor Death)

Conclusion

In the whole article, just one thing I want to explain to all criminals are not born the situation and circumstances create the crime and criminals. We are talking about psychiatric illness and criminality the person who killed another person was found guilty under section 302 of the Indian penal code alright! But before this crime he was also a normal person who is just suffering from mental illness if society cooperated with them, they also felt well don’t neglect or abuse them they are also human beings.

1 Student at IMS Law College, Noida