Writ of Habeas Corpus Vis a Vis Mental Health Patients : An Analysis

Authors

  • Ishita Sharma

DOI:

https://doi.org/10.37506/ijfmt.v15i2.15017

Keywords:

Habeas Corpus, Health Laws, Judiciary, writ.

Abstract

Habeas corpus, as a writ has generally been associated with illegal incarceration of individuals. It is a writ,
which is considered as an epitome of all remedies as far as implementation of human rights is concerned.
Recently, the usage of the writ has surpassed the dimensions of technicalities of procedure of illegal detention
and entered into more intricate aspects of an individual’s life. Consequently, with the passage of time, the writ
assumed varied dimensions, , one among them being the usage of the writ in relation to individuals suffering
from mental health issues, for instance, where the individual is being denied the freedom of movement,
occupation and exercising the freedom of choice .
Apart from the political domain, the use of the writ has crept into facets of family laws, public laws. The
researcher shall deal with the outreach of the writ in matters of health law. There has been very scant
research in the outreach of the reach in aspects transcending political scenarios, owing to the fact that there
exist explicit legislations on such issues and exploring the possibility of the use of the same in the above
mentioned arena has been rarely considered. The researcher has recommended an invigorated use of the writ
apart from illegal incarceration of prisoners through an analysis of several cases on this aspect.

Author Biography

Ishita Sharma

Assistant Professor, School of Law, University of Petroleum and Energy Studies, Knowledge Acres, P.O.- Kandoli
via Premnagar, Dehradun

Published

2021-03-24

How to Cite

Ishita Sharma. (2021). Writ of Habeas Corpus Vis a Vis Mental Health Patients : An Analysis. Indian Journal of Forensic Medicine & Toxicology, 15(2), 4103-4106. https://doi.org/10.37506/ijfmt.v15i2.15017