GUWAHATI, June 17 ? The Human Rights Cell of the Assam Police has directed all the police stations of the State not to detain any non-criminal lunatic (NCL) in a police lock-up. Inspector General of Police, DK Borah, who is the head of the Human Rights Cell of the Assam Police, recently sent a circular to all the police stations with details of the ways to treat a non-criminal lunatic. The circular pointed out that many police officers are not aware of the treatment to be given to the non-criminal lunatics once they are found in a situation where they may either cause injury to themselves or to other persons. Some police officers, after getting hold of any non-criminal lunatic, put them in lock-ups of police stations or put hand-cuffs on them, which are violations of Supreme Court directive in this regard, the Human Rights Cell said.
The circular revealed that the Supreme Court, in its order dated August 17, 1993, declared that detention of a non-criminal lunatic is illegal and unconstitutional. The Supreme Court also directed that the judicial magistrate, when a mentally ill person is produced before him, will have him or her examined by a psychriatist and send the person to the nearest hospital. The Supreme Court further directed that admission of a non-criminal lunatic to jail should be stopped immediately. The Human Rights Cell revealed that the government of Assam, in pursuance of the Supreme Court order, declared that no person, who is a non-criminal lunatic, should be detained in any prison on any ground and the order was communicated by the Government in 1994.
?Though nothing has been mentioned in the order of the Supreme Court and in the order of the Government of Assam regarding the power of arrest of non-criminal lunatic as provided under Section 13 of Indian Lunacy Act, 1912, it may be presumed that a non-criminal lunatic should not be detained at the police station under any circumstance. If such a person is found and it is felt that such a person may turn violent and cause injury to himself or to any other person, the officer in charge of the concerned police station, instead of detaining the person in a police station or putting him in a lock-up, should produce him/her before a judicial magistrate, who, in turn will send the person for treatment.? The circular added.
Meanwhile, talking to this Correspondent, Sri Borah said that some police officers lacked awareness about the ways to treat a non-criminal lunatic. He revealed that an unfortunate death of a non-criminal lunatic occurred in the Latasil police station in the city a few years back. Giving details of the incident, he said that a non-criminal lunatic attacked a ?namghar? in the Uzanbazar area of the city and hurled stones. When informed by the people, a police party brought the person to the police station and took him to a hospital. The person was given sedatives and the policemen were directed to bring the person again the next day. But the person committed suicide in the toilet of the police station. ?We have sent the circular on the ways to deal with an NCL as we want to prevent such incidents in future,? Sri Borah added.
However, Sri Borah admitted that very often the policemen have to face problems in dealing with non-criminal lunatics as whenever such a person turn violent, the people inform the police and the policemen are left with no other option but to bring the person to the police station. The policemen should try to produce such a person immediately before a judicial magistrate, who in turn, can refer him to a hospital for treatment. But the police have problems in producing such a person before a judicial magistrate if an NCL has to be brought in at night, he pointed out.