Changing Paradigms: Criminal Responsibility in Mental Health Laws of Pakistan and UN Conventions on the Rights of Persons with Disabilities

Abstract

An individual is liable for his/her wrong doings against fellow members of the society. However, in certain situations he/she can be exempted from his/her actions, especially in a situation whereby he/she cannot differentiate in right and wrong due to his/her mental incapability. In the modern era, ample development has been gained in the field of mental health and an effective mechanism has been provided as to observe and implement the principles of responsibility between crime and mental illness. Schizophrenia has been commonly referred as severe cognitive and affective deficits that heavily influence empathy, understanding, reason and decision making, but also control of compulsiveness. Although there is relation between mental illness and lacks or decrease of legal accountability, their relationship is also bound by social, cultural, demographic, developmental, and clinical factors. For criminal liability both mens rea and actus reus are important ingredients. However, in case of Schizophrenia the element of mens rea is missing, which exempt the mentally ill person from the consequences of crime. A qualitative method of research is conducted to evaluate the criminal responsibility of a mentally ill patient. Upon observation, it has been discovered that laws related to mental health in Pakistan lacks compatibility with international conventions and Islamic law, so there is a dire need to revamp the existing legislation and a phenomenon of non-responsibility of a mentally ill patient should be followed as a paradigm shift.