Significant order

SC to establish importance of addressing mental health issues in convicts


Editorial October 26, 2018

In a hugely-significant order passed this week, the Supreme Court has established the paramountcy of the state’s obligation to ensure that every convict awarded capital punishment is not suffering from any physical or mental health. In lockstep fashion the court signalled approval of the constitution of a medical board of renowned psychiatrists to re-examine death-row inmate Imdad Ali and determine whether he is suffering from paranoid schizophrenia — a disorder whose effects can last for a lifetime. By virtue of the ruling it would become impossible in future to execute any convict suffering from any physical or mental health. Once the medical board comes into being, it will have 60 days to furnish its final report to the SC bench. Prior to the acceptance of the review petition the court previously rejected two appeals by the convicted man’s spouse.

Schizophrenia as a mental disorder is treatable to an extent where a patient can manage to perform their day-to-day chores with less improbability, however, psychiatry is yet to develop a complete cure for the disorder. There are sufficient laws and covenants, both local and international, as well as the teachings of Shari’ah law that bar capital punishment and execution of mentally-ill patients. Yet sadly the practice goes on not only in in Pakistan but also in more developed countries like the United States. In the wake of the apex court’s ruling on Oct 23rd Pakistan may have finally turned a corner.

The timeline of such cases sheds light on visible and glaring loopholes in multiple facets of the country’s legal system. A lot more improvements are needed to ensure that prisons do not exterminate the chances and prospects of one living a healthy and normal life once they have completed their jail terms.

Published in The Express Tribune, October 26th, 2018.

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