Every person with mental illness shall have a right to live with dignity - SC Judgement - enabled.in
Every person with mental illness shall have a right to live with dignity - SC Judgement
S.No161
Diary Number28643 / 2008
Case NumberR.P.(Crl.) No.-000301-000301 / 2008
Petitioner NameAccused X
Respondent NameThe State of Maharashtra
Petitioner’s AdvocateShadan Farasat
Respondent’s AdvocateNishant Ramakantrao Katneshwarkar
BenchHon’ble Justice N.V Ramana
Hon’ble Justice Mohan M. Shantanagoudar
Hon’ble Justice Indira Banerjee
Judgement ByHon’ble Justice N.V Ramana

The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity.

The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee observed that Section 20 (1) of the Mental Health Care Act explicitly provides that ‘every person with mental illness shall have a right to live with dignity’.

No.57 – All human beings possess the capacities inherent in their nature even though, because of infancy, disability, or senility, they may not yet, not now, or no longer have the ability to exercise them. When such disability occurs, a person may not be in a position to understand the implications of his actions and the consequence it entails. In this situation, the execution of such a person would lower the majesty of law.

Download Judgement Details

Case Number: R.P.(Crl.) No.-000301-000301 / 2008.

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