| Citation(s) |
|---|
| 2021 SLG 1695 2021 SLD 1695 2021 PLD 488 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 420, 424 of 2016 in CivilPetition No. 2990 of 2016, Criminal Review Petition No. 170of 2016 in Criminal Appeal No. 619 of 2009, Human RightsCase No. 16514-P of 2018 and Constitution Petition No. 9 of2019, decided on 7th Jan
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, IJAZ UL AHSAN, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
For the Petitioner(s)Syed Iqbal Hussain Shah Gillani, Advocate Supreme Court assisted by Ms. Zainab Mahboob, Barrister Hashim, Barrister Syeda Jugnoo Kazim and Maria Kazmi (in C.R.P. No. 420 of 2016 and H.R.C. No. 16514-P of 2018).For the Complainant:
Civil Review Petitions Nos. 420, 424 of 2016 in CivilPetition No. 2990 of 2016, Criminal Review Petition No. 170of 2016 in Criminal Appeal No. 619 of 2009, Human RightsCase No. 16514-P of 2018 and Constitution Petition No. 9 of2019, decided on 7th Jan
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, IJAZ UL AHSAN, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
For the Petitioner(s)Syed Iqbal Hussain Shah Gillani, Advocate Supreme Court assisted by Ms. Zainab Mahboob, Barrister Hashim, Barrister Syeda Jugnoo Kazim and Maria Kazmi (in C.R.P. No. 420 of 2016 and H.R.C. No. 16514-P of 2018).For the Complainant:
MST. SAFIA BANO AND ANOTHERSVSHOME DEPARTMENT GOVERNMENT OF PUNJAB THROUGH SECRETARY AND OTHERS
Law: Mental Health Ordinance, 2001
Section: 2(m),2(n)
Law: Sindh Mental Health Act, (L of 2013)
Section: 2(n),2(o)
Law: Penal Code (XLV of 1860)
Section: 84
Law: Criminal Procedure Code (V of 1898)
Section: 464,465
(a) Mental Health Ordinance (VIII of 2001) [as amended by the Punjab Mental Health (Amendment) Act (XI of 2014)--- ----Ss. 2(m) 2(n)---Sindh Mental Health Act (L of 2013), Ss. 2(n) 2(o)---Khyber Pakhtunkhwa Mental Health Act (XVII of 2017), Ss. 2(l), 2(m), 2(n), 2(o) 2(q)---Balochistan Mental Health Act (IX of 2019), Ss. 2(n) 2(o)---Mental illness/disorder---Definition of terms mental illness and mental disorder as found in jurisdictions of the United Kingdom and India. (b) Mental Health Ordinance (VIII of 2001) [as amended by the Punjab Mental Health (Amendment) Act (XI of 2014)--- ----Ss. 2(m) 2(n)---Sindh Mental Health Act (L of 2013), Ss. 2(n) 2(o)---Khyber Pakhtunkhwa Mental Health Act (XVII of 2017), Ss. 2(l), 2(m), 2(n), 2(o) 2(q)---Balochistan Mental Health Act (IX of 2019), Ss. 2(n) 2(o)---Penal Code (XLV of 1860), S. 84---Criminal Procedure Code (V of 1898), Ss. 464 465---Prisons Rules, 1978, Chap. 18---International Classification of Diseases (ICD-11) [maintained by the Word Health Organization]---Mental illness/ disorder---Scope---Terms unsound mind, unsoundness of mind, lunatic and insane used in the Penal Code, 1860, the Criminal Procedure Code, 1898 and the Prisons Rules, 1978---Propriety---Terms mental illness or mental disorder were both used to refer to mental ailments and were defined by medical science---With the developing nature of medical science the scope of said terms may also evolve---Supreme Court observed that a limited definition of the terms mental disorder or mental illness should be avoided, and the Provincial Legislatures may, in order to better appreciate the evolving nature of medical science, consider to appropriately amend the relevant provisions of mental health laws to cater for medically recognized mental and behavioural disorders as notified by World Health Organization (WHO) through its latest edition of International Classification of Diseases (ICD); that the evolution of medical science and human rights had sensitized the society to stigmatic labels such as unsound mind, lunatic and insane, therefore, latest legislations all over the world did not use such terms---Supreme Court directed that the terms unsoundness of…
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