In a landmark ruling with significant implications for criminal justice and public health, the Bombay High Court has held that persons accused of crimes who are also addicted to liquor or drugs must be treated as mentally ill under the Mental Healthcare Act, 2017. The Court emphasised that such individuals should not merely be condemned or punished but must be provided psychiatric treatment, rehabilitation, and counseling to ensure recovery and to reduce crime in society.
The judgment, delivered by Justice Sanjay A. Deshmukh in Pramod Wamanrao Dhule v. The State of Maharashtra and Another, underscores the need to treat addiction as a mental illness and adopt a reformative approach consistent with modern criminology and penology.
Case Background
The Court was hearing the bail application of a former CRPF personnel, accused of beating his wife to death after she failed to provide him a meal immediately upon his demand. During the proceedings, it was revealed that the accused was addicted to alcohol.
Justice Deshmukh noted that the cause of the incident was liquor addiction, which qualified as mental illness under Section 2(1)(s) of the Mental Healthcare Act, 2017. This prompted the Court to frame wider directions for the treatment and rehabilitation of such accused persons.
Court’s Observations on Addiction as Mental Illness
The High Court highlighted that addiction to hooch (illicit liquor) and drugs is not simply a vice but a recognized mental illness under Indian law and by international health authorities such as the World Health Organization (WHO).
The Court observed:
“If a person is addicted to hooch or prohibited drugs, it is a mental illness under the Mental Healthcare Act, 2017. Due to such illness, an irresistible impulse is created in the minds of such individuals, causing them to become violent and commit crimes, generally assault, for money, resulting in serious injury or death to innocents.”
Justice Deshmukh further stressed that the routine medical examinations of arrested accused are often carried out as mere formalities. Instead, there must be a serious psychiatric evaluation and structured rehabilitation plan.
Directions Issued by the Bombay High Court
The Court issued comprehensive directions to police, magistrates, trial courts, and jail authorities to ensure that addiction is treated as a health issue:
- Medical Examination by Psychiatrist
- If FIRs or charge sheets suggest addiction, police, courts, and jail authorities must direct a psychiatric evaluation.
- Mandatory Rehabilitation
- If found mentally ill due to addiction, the accused must be sent to a government rehabilitation center, not left on outpatient treatment or expensive private facilities.
- Psychological Counseling
- Alongside medical treatment, counselors and psychologists must be engaged to alter the mindset of addicted persons.
- Judicial Oversight
- Trial and remand courts must review reports to ensure compliance and direct medical examination and treatment when addiction is indicated.
- Public Awareness Campaigns
- The Maharashtra State Legal Services Authority (MSLSA) was directed to conduct awareness programs through District and Taluka Legal Services Authorities, sensitizing society and law enforcers to treat addicts with sympathy and empathy.
Reformative Approach to Criminal Justice
The Court’s reasoning reflects the reformative theory of punishment in criminology, which focuses on rehabilitation rather than retribution. Justice Deshmukh warned that granting bail to untreated addicts could endanger society, as they are likely to relapse and commit further offences.
The Bench held:
“There are strong legal and factual grounds for not releasing them on bail, as they are likely to commit crimes in the future due to their mental illness, as provided under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).”
Instead of treating addicts as hardened criminals, the Court recommended structured rehabilitation to reduce repeat offences and safeguard society.
Social Consequences of Addiction
The Court also detailed the wider social harms caused by alcoholism and drug abuse:
- Family Harassment: Addicts often assault spouses, children, and parents while demanding money for liquor or drugs.
- Crimes Under Intoxication: Many crimes—murder, rape, extortion, robbery, theft—are committed under the influence of intoxicants.
- Impact on Society: Addicts create fear in communities and cause vehicular accidents due to rash and negligent driving under influence.
- Targeting the Poor: Most addicts are uneducated, poor, and from lower economic strata, often exploited by bootleggers and drug peddlers.
The Court stressed that despite their violent behavior, such individuals are mentally ill and must be treated with compassion rather than hatred.
WHO and Global Perspective
Referring to the World Health Organization, the Court noted that addiction is classified as a mental illness worldwide. WHO recognizes that addiction creates irresistible impulses leading to irrational behavior and violent tendencies.
The Court’s observations align with international best practices, where judicial systems increasingly integrate rehabilitation and mental health treatment into criminal justice policies.
Sympathetic Yet Cautious Approach
While stressing sympathy for addicts, the Court balanced it with the need for public safety. It held that releasing untreated addicts on bail could pose dangers to families, society, and even law enforcement personnel.
The solution, therefore, is not unconditional release but bail with mandatory psychiatric treatment and rehabilitation, ensuring both justice for victims and healing for offenders.
Broader Significance of the Judgment
- Humanizing Criminal Law: The ruling redefines the way courts view addiction—from a criminal habit to a treatable mental illness.
- Police and Judicial Accountability: By mandating psychiatric reports, the Court ensures systemic compliance and reduces arbitrary handling of addicted accused.
- Social Reform: By involving MSLSA and spreading awareness, the ruling aims to change societal attitudes towards addicts.
- Preventive Justice: Instead of punishing after crimes occur, the ruling seeks to prevent crimes by addressing addiction early.
Conclusion
The Bombay High Court’s judgment in Pramod Wamanrao Dhule v. State of Maharashtra marks a progressive step in Indian criminal jurisprudence, merging law, mental health, and social reform. By treating liquor and drug addiction as a mental illness, the Court has shifted the focus from punishment to rehabilitation.
Its directions for psychiatric evaluation, mandatory rehabilitation, psychological counseling, and awareness programs could help reduce crime, protect families, and promote a healthier society.
At the same time, the ruling underscores that sympathy must not compromise safety—addicts must be treated before being reintegrated into society.
This landmark decision could pave the way for reformative justice policies across India, ensuring that addiction is addressed as a public health crisis rather than merely a criminal issue.
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