'Treat Addicts As Mentally Ill, Not Criminals': Bombay HC

Mumbai: Calling for a shift from punishment to rehabilitation, the Aurangabad bench of the Bombay High Court has ruled that persons addicted to liquor or drugs should be treated as mentally ill and provided psychiatric care and counselling under the Mental Healthcare Act, 2017.

The court said addiction amounts to a mental disorder requiring treatment, not condemnation, and issued various directions to ensure compliance across Maharashtra. It noted that they must be treated with sympathy and medical care, instead of hatred. The court said that law must serve as “an instrument of social change”.

Order Passed

Justice Sanjay Deshmukh passed the order while hearing a bail plea by Pramod Wamanrao Dhule, a former CRPF constable, who is accused of murdering his wife Kranti in a drunken assault in May 2024. He had sought regular bail. After the bench indicated its disinclination to grant bail, Dhule’s counsel withdrew the plea. However, Justice Deshmukh went on to address the larger issue of substance addiction and its impact on crime and society. Referring to the definition of “mental illness” under Section 2(1)(s) of the Mental Healthcare Act, the judge observed that addiction to alcohol or drugs “creates an irresistible impulse” – a state where a person understands their actions but cannot control them.

Citing global and Indian precedents, the court noted that long-term addiction can impair volition and lead to violent behaviour. “If such mentally ill persons are released on bail without treatment, they pose a threat to society, particularly to their families,” the order stated. The court directed Nanded District Jail authorities to get Dhule medically examined by a psychiatrist at the civil hospital and, if found mentally ill, to ensure his treatment at a government rehabilitation centre until full recovery. The Superintendent of Police was asked to provide escort and support during the process.

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