The Bombay High Court emphasizes psychiatric treatment for alcohol and drug addicts before granting bail, highlighting public safety concerns and the ongoing drug war threatening society in India.
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MUMBAI: The Aurangabad bench of the Bombay High Court has highlighted the critical need for psychiatric treatment and rehabilitation of individuals addicted to alcohol and drugs before considering their release on bail. This approach is aimed at ensuring the safety of society and reducing the risk of criminal behavior driven by addiction.
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The bench, led by Justice Sanjay Deshmukh, reiterated that alcohol and drug addiction constitute a mental illness under Section 2(1)(s) of the Mental Healthcare Act, 2017. The law explicitly includes mental conditions associated with substance abuse. The court also referred to the World Health Organisation (WHO), which recognises addiction as a mental health disorder.
The ruling came while hearing a bail plea filed by Pramod Dhule, arrested for allegedly harassing and murdering his wife. Dhule, who had been terminated from the CRPF due to alcohol addiction, withdrew his plea after the bench emphasized the importance of psychiatric evaluation and treatment before bail.
The High Court expressed concern over the easy availability of illicit liquor and drugs, often supplied to the younger generation by neighbouring countries, which it termed a “drugs war” against India. The bench stressed that unrehabilitated addicts are likely to continue illegal acts, posing a threat to public safety.
In line with the reformative theory of punishment in criminology, the court directed authorities to:
- Conduct a psychiatric evaluation of accused persons addicted to substances.
- Ensure rehabilitation and treatment in specialized centers until full recovery.
- Involve counsellors or psychologists to help change the mindset and reduce recidivism.
The court emphasized that police, jail authorities, and district courts must strictly follow these procedures, as outlined in the Mental Healthcare Act, 2017, rather than granting bail without treatment.
Justice Deshmukh also highlighted the social stigma attached to addiction. Most addicts are uneducated, poor, and from the lower economic strata, often denied psychiatric treatment due to lack of awareness. This results in harsh condemnation by society rather than sympathetic treatment akin to other illnesses.
To combat this, the High Court directed the Maharashtra State Legal Services Authority to organise awareness programs on addiction rehabilitation pathways, promoting both social understanding and access to treatment.
