Schizophrenia-A Mental Disorder or not? An Analytical study of the Judgment of The Supreme Court of Pakistan in Safia Bano Case

Abstract

Law is a justice system defend those, who cannot defend themselves. In Pakistan, many cases of death sentence with severe psychosis illness are reported from last couple of years. It seems, there is no mercy in law for severe mental illness. The main objective of the research is to review the existing practice of law for convicted person with severe mental illness as schizophrenia. In a murder case, Imdad Ali was sentenced to death in 2002. The death penalty was endorsed by The High Court, Supreme Court and president of Pakistan. The Supreme Court not only rejected the plea, also ordered that mental illnesses such as schizophrenia does not amount to mental disorder, hence cannot subjugate the execution of death penalty. The Law in Pakistan defend the insanity or lunatic according to the Law defined by Pakistan Penal Code (1860) section 84. In Light of Law, anyone who is charged of any offence committed by him/her due to any mental impairment, should not held liable for any criminal act. The Supreme Court of Pakistan had made an erroneous judgment in the case of Imdad Ali and punished a diagnosed schizophrenic person (categorized as paranoid schizophrenia). Findings of research suggest to introduce evidence-based practice to create awareness of laws, mental health (assessment and treatment) under supervision of legal advisors, forensic psychologists and psychiatric practitioners. More research is needed for deep insight for mental health and effective policy making and law enforcement.