Lawspective-July-Aug-Sept - 2023 (P)
Lawspective-July-Aug-Sept - 2023 (P)
Lawspective-July-Aug-Sept - 2023 (P)
18
LAWSPECTIVE
THE INTERSECTION OF CRIME AND PSYCHOLOGY
LAWSPECTIVE
IN THIS ISSUE
Following are the wining articles of the SRS x Mental Health Club’s Article
Writing Competition held on 11th September, 2023 on the occasion of World
Suicide Prevention Day, 2023
Forensic psychiatry is a specialised field that involves applying mental health expertise to legal
matters. It encompasses the assessment, diagnosis, and treatment of individuals involved in
legal proceedings to determine their mental state and its relevance to the legal issues. Thus, it
becomes a vital component of the intersection between crime and psychology.
Unlike what we are used to seeing in movies and web series, forensic psychiatrists do not have
such exaggerated job profiles wherein they analyse and are also involved in chasing the
offenders. On the other hand, they function as “amicus curie” to the court and fulfil essential
roles in the legal system, including providing expert testimony in criminal trials, assessing the
mental competency of accused individuals, and evaluating the presence of mental disorders
impacting their behaviour. In India, forensic psychiatry is primarily governed by the Mental
Healthcare Act of 2017, which outlines the legal framework for mental health services and the
rights of individuals with mental illness. Additionally, the Indian Penal Code (section 84) and
Code of Criminal Procedure contain provisions related to the assessment of mental fitness and
the defence of insanity in criminal cases.
The inclusion of forensic psychiatry in legal proceedings has evolved over time, marking its
importance in various cases. The courts, thus, have significantly emphasised the importance of
considering the psychiatric conditions of the witnesses as well as the accused when required.
However, the picture of forensic psychiatry and its acceptance concerning its evidentiary value
in the Indian courts is not so flawless and faces certain substantial challenges.
These challenges are multifaceted and often rooted in the complex interface between mental
health and the legal system. One of the significant challenges is the shortage of qualified
forensic psychiatrists and mental health professionals. This scarcity has time and again
hampered the availability of expert witnesses and the quality of forensic psychiatric evaluations,
as a lack of qualified professionals can compromise thorough and accurate assessments.
Stigma and cultural factors present another obstacle, as negative perceptions of mental illness
can influence how individuals are treated within the legal system, potentially leading to
discrimination and bias.
In light of these challenges within the legal system, there are certain steps that can be taken to
enhance the effective utilisation of forensic psychiatry. First and foremost, investing in
comprehensive training programs is essential, targeting not only mental health professionals but
also law enforcement officers, lawyers and judges.
To alleviate the resource constraints in this field, an increase in the availability of human resources
for conducting forensic psychiatric evaluations is necessary. Adequate funding, infrastructure, and
the recruitment of qualified professionals can address the shortage of forensic psychiatrists and
mental health experts, ultimately ensuring the availability of reliable expert witnesses. Lastly,
developing standardized protocols for the practice of forensic psychiatry is fundamental to establish
consistency and reliability in evaluations and assessments.
As our understanding of mental health and its intersection with criminal behaviour advances, it
becomes imperative to update and refine the practices and standards within forensic psychiatry. We
need to approach these difficulties in a different way, not just for today but also to make our
tomorrows more fulfilling and compelling as a result of the changes we make today. As Abraham
Lincoln rightly said,
“The dogmas of the quiet past are inadequate for the stormy present and future. As our
circumstances are new, we must think anew and act anew.”
ASST. PROF. VISHALAKSHI SATHIANATHAN (LL.M (Criminology) NET (Law), Pursuing PhD)
An academician for 8 years and Head of Department (Law) in KES Shri Jayantilal H. Patel Law College.
She is currently pursuing PhD on the status of mentally ill in the criminal justice system.
1. What were the significant milestones and influences that led you to pursue your research,
particularly in the intersection of mental illness and the law?
I remember it all began with the growing popularity of Netflix subscriptions in 2017 and 2018. I have
always been inclined towards serial killers as subjects and individuals as criminals, and it only grew with
the further progress I made, helping me understand how all these subjects have one thing in common:
the psychological or psychiatric deprivations they suffered. This enabled me to chalk an analogy of how
the mental ailment which forms one of the primary reasons for the commission of crime holds zero
impetus in the court of law, the similar being evident in the case of Raman Raghav, here the reports of
the psychiatrists declared him of unsound mind but still he was subjected to the punishment of death
penalty. This opened Pandora’s box for me, and in 2018, I published my first work. My methodology is
primarily qualitative, mainly referring to the case laws, case studies and the American legislation. Still, I
have yet to attain an empirical view focusing mainly on the field study.
2. You mentioned the case of Raman Raghav, where psychiatric evaluations declared the
individual of unsound mind, yet he received the death penalty. How important is it to address
Criminal profiling within the Indian criminal justice system?
Criminal profiling is a vital aspect which stands hugely unacknowledged in the present justice system. It
helps those in charge gain certain clarity about the person they will be dealing with. Once you have a
background or basic knowledge about the individual, it becomes easy to outline the trajectory of
investigation and collection of evidence, thus bringing clarity to the trial system. But the problem arises
with us possessing regressive analogies of who a criminal can be, thus restricting us from identifying
and categorizing them as needed and, in turn, prolonging the entire procedure.
3. You recently completed a course on forensic mental health and criminal justice with Project
39A. Could you provide more details on the course's focus and how it has impacted your
perspective on Forensic Psychology?
Project 39A is a wonderful programme working for mental health in the justice system. The course,
however, served as a jackpot for me as it primarily focused on mental health and had renowned
psychiatrists serving as witnesses and judges from Australia who helped us understand how restrictive
our inspection forms are, with the limited questions available and none on the mental conditions of the
individuals. Thus, the reports that are submitted based on these forms are basic and generic, utterly
unhelpful in imparting justice. The judge also elaborated on how categorical they are in categorizing and
profiling their criminals, thus being able to execute with the proper care and diligence needed when
imparting justice or holding trials against such criminals. However, attaining the same in India becomes
difficult due to the lack of trained psychologists or psychiatrists and zero training in behavioural
tendencies given to the Police officers, which would help them categorize and deal with the matter
humanely. Lastly, initiating the change needed begins with acknowledging the matter to its desired
sensitivity.
4. How does a deeper understanding of mental health and the backgrounds of criminals
contribute to a more just and equitable criminal justice system in society?
Mental health or the background of a criminal is often neglected when viewing a criminal. We often
forget to balance or provide equal sensitization to the crime committed and the reasons behind the
commission, and in the process, we become extremists. It has always been evident that the criminal
has often been subjected to abuse or mental challenges, to which they deem it okay to redirect it to
someone else. We tend to get so lost in the concept of right or wrong that we forget the issue's core:
the reasons, the mental challenges faced, the trauma, the abuse. Here, let's compare our justice
system to Australia or America. We must see how they have entire records of the past and
background of their criminals, which helps them impart justice, while we fail to collect such crucial
information. We must understand that if it is unjust to punish someone undergoing physical disabilities,
it is thus equally unfair to punish someone suffering intellectual disabilities. This is possible only when
we understand the importance of mental health and criminal profiling in the criminal justice system.
5. Juveniles who commit heinous crimes present a unique challenge within the criminal
justice system. Could you share your perspective on how the system should approach such
cases?
This is an exciting topic; the central aspect is incapacity. When somebody is 15 or 16 years old, they
may look like adults, but the question arises: do they understand the heinousness or repercussions of
their actions as to what an adult does? And that's what makes them minors. Here, I am not saying that
they must be given relaxation, but they must move ahead with caution. When dealing with juveniles,
many aspects are added: perspective, cognitive abilities, reflections, or understanding of right and
wrong.
6. From your perspective as an expert in criminal psychology, what areas within the field do
you believe require more research and attention?
Following criminal psychology, it is essential to have a record of the backgrounds of the individuals. It
is the information about their past, their background, namely, the place of birth, education, number of
family members, abuse, if any faced, etc., that helps to understand the criminals and their actions
better. It should be mandated to fill out a set form for convict by the prison officials, not limiting to the
Aadhar information but divulging more into the history and the mental aspects.
7. What advice would you like to offer to young readers and aspiring scholars who want to
make a meaningful impact in the field of criminal law?
Getting into your research and understanding your subject makes all the difference. Students should
not limit themselves to the curriculum assigned but rather explore the various courses, cases, and
opportunities now available to gain the perspective needed. Reading is the key; one must read a lot to
be well-versed. And lastly, especially when getting into criminal law, one must understand how the
mind works.
Crimes have increased drastically, and how they are committed has become more complex. Due
to this, it has become challenging to identify the perpetrator, especially when no information is
available. In these situations, law enforcement agencies seek the assistance of forensic experts.
Criminal Profiling is not something new, but it has recently become an instrumental technique in
investigating crimes in general, particularly in situations where serious crimes have taken place
without the perpetrator having been discovered. Criminal investigations use Profiling to
determine the most probable suspects by connecting an offender's actions at the crime scene to
their characteristics and personality. Criminal Profiling is creating profiles of the qualities and
attributes of unidentified criminal offenders in criminal cases. It is frequently used when
identifying suspects becomes difficult. According to Douglas and Olshaker,
The Federal Bureau of Investigation made criminal Profiling well-known during the 1960s and
1970s. They created a step-by-step procedure for using Profiling to identify criminals. Criminal
Profiling uses the information gathered from the scene of crime, witnesses and victims to
formulate a specific biographical sketch of the perpetrator. It does not reveal the name, but it
does help the investigating officers to identify the criminal by letting them know some of the
essential personality traits.
Criminal Profiling begins with analysing physical evidence available at the crime scene. A profile
of the suspect is created using the details gathered during the crime scene investigation. It
includes information on the suspect's age, height, weight, personality, sex, etc. This information
can then be used to identify possible suspects, depending on who fits the profile created.
Criminal Profiling becomes essential in cases of serious offences like rape, murder, violations
related to property, etc., since it helps to determine the personality of the offender and his
anticipated subsequent series of actions concerning crime. Criminal Profiling, for instance, is
beneficial in cases of serial killings because it enables the investigating authorities to
comprehend the nature and mentality of the perpetrator and, as a result, track him down more
effectively and swiftly. There are various methods of Criminal Profiling. Depending upon the
nature of the case, investigating authorities use criminal Profiling to identify the criminal.
Thus, criminal Profiling is an instrumental technique that helps identify the offender more
effectively using forensic techniques and procedures.
Crime refers to an act that is illegal or forbidden by law. While analyzing every aspect of the crime
committed, we understand that psychological factors play a crucial role, as psychological
disparities usually accelerate the offender to commit the crime. Further, as we examine the
repercussions of the crime committed against an individual or society, we realize that the harm
caused by the violence can be in the form of physical damage, psychological injury or both.
Of all the crimes committed, offences affecting the human body and sexual offences are grievous
and have the most dreadful effects on the victim's psychological and mental health. Even though
the reaction may not be similar for everyone, and neither may it always be proportional to the
severity, the victims experience negative emotions like anger, fear, sadness and humiliation. At
the same time, the crime is being committed for a remote period later. This ultimately results in
anxiety, depression and Post Traumatic Stress Disorder. As is in many cases, if the accused is a
known person, the victims are prone to experience a loss of trust and a feeling of safety. Things
get worse in case of Sexual offences as a social stigma comes adhered to, aggravating the
negative experiences. All this results in the victim going into social isolation where, no doubt,
psychological health is affected to a large extent. Still, it also leads to financial loss due to loss of
self-confidence and inability to work, thereby creating an added burden on the victim.
Numerous landmark judgements which led to the enforcement of essential guidelines and statutes
have emphasized the approach of understanding psychological effects and consequences and
the physical harm caused while delivering verdicts. For instance, in the case Delhi Domestic
Working Women's Forum vs. Union of India, the Supreme Court recognized the psychological
violence and trauma that women face in domestic settings in situations of dowry harassment and
domestic violence. The court's judgment led to the formulation of the Protection of Women from
Domestic Violence Act 2005, which aims to protect the psychological and physical well-being of
women facing abuse at home. Furthermore, in the brutal Nirbhaya Rape case, the bench
highlighted the psychological trauma faced by the survivors of sexual assault. It introduced
support systems for victims like setting up crisis centres, helplines and counselling services along
with the introduction of the Criminal law Amendment Act, 2013.
Thus, it becomes of prime importance to address and acknowledge the psychological impact of
crimes on victims and take constructive steps to evoke amongst themselves a feeling of
empowerment and confidence to rebuild their lives. This shall be a critical advancement toward
realizing a society that is more sensitive and devoted to reducing the impact of crimes on
individuals and the community.
What Does Evil Look Like? Could You Spot It If It Walked Into The Room? Serial Killers Look Just
Like You And Me. The Darkness They Share Isn't Written All Over Their Faces. It's In Their Minds"
Forensic psychology, a fascinating amalgamation of psychology and the legal system, has
increasingly found its footing in courtrooms across the globe. This discipline, situated at the
intersection of human behaviour and the law, plays a crucial role in understanding, interpreting, and
presenting evidence.
Forensic psychology offers unique insights into criminal behaviour. It deeply explores the 'why'
behind criminal acts, helping us understand the motives that drive individuals to break the law. By
studying the intricacies of the human mind, forensic psychologists aid in discriminating the mental
states of defendants, enabling courts to make informed decisions about their guilt and sentencing.
In the historical context of India, the landmark case "Nirbhaya Case (2012)". The gang rape and
murder of a young woman in Delhi led to extensive use of forensic psychology to evaluate the
mental state of the accused and provide expert testimony during the trial. This case set a
precedent for accepting forensic psychology in Indian courts, emphasizing its importance in
ensuring just outcomes in cases involving mental health and culpability.
Forensic psychology has found its home in various legal domains, showcasing its impact;
competency evaluations, insanity defences, and jury selection are prime examples. Forensic
psychologists conduct comprehensive assessments in cases involving competency to stand trial to
determine an individual's cognitive and emotional capacity. The defence of insanity hinges on
expert opinions provided by forensic psychologists who assess the mental state of the accused
during the alleged offence. Jury selection, a critical aspect of fair trials, relies on psychological
assessments to ensure impartiality among jurors.
The acceptance of forensic psychology has been challenging; issues of bias, the misuse of
psychological testimony, and debates over the reliability of specific psychological methods have
emerged.
Thus, forensic psychology continues to evolve through emerging new technologies, such as
neuroimaging, forensic neuropsychology, biomarkers, and wearable and VR technology in forensic
mental health, which are poised to refine further and expand forensic psychology practices,
ensuring its continued growth and relevance in the courtroom.
"Where the search for truth meets the science of the mind."
Would you believe me if I said someone out there despises you only for existing? As illogical and
insane as it sounds, it's true. Hate crime is a criminal offence where an individual is prey to
absolute hate and is targeted because of their caste, creed, race, gender identity, ethnicity, or
disability. These reportedly happen not only to scare the victim but also the whole community that
he/she/they represent.
But what goes on in the mind of a culprit before committing crimes of such grotesque and
inhumane nature? Countless thoughts run in the sense of a person who wakes up and has
nothing but hate for people. But hate here is only an axiomatic factor. The roots of such crimes are
fear, thrill, frustration, insecurity, disturbing childhood, jingoism and half of these are seen in
underachievers. These people grow up with severe inferiority complexes and spend their entire
lives finding outlets for their pent-up anger. They grow up in houses with zero tolerance for ideas
contrary to theirs, which further conditions them to only associate with people of the same
mindset, thus sometimes fueling hate. They then foster and spread nothing but hate. Another set
of people are thrill seekers and counter-attackers. As genuine as it sounds, some people commit
such crimes only for the thrill and drama of it or purely for their ego. Occasionally, we also find
some jingoists who see themselves as defending their country. A significant point that should be
noted is that hate crimes are usually committed to scare off a whole community or group; hence,
even the perpetrators come in groups. Reports say crimes are committed more when people are
in groups because their namelessness serves them particular safety and because their like-
mindedness unites them, amplifying the whys and wherefores.
Another instance of individuals supporting a handful of leaders who spread communal hatred is
also seen. When such leaders unashamedly spread hate, they also fill the minds of the local
public with contempt. These words unleash a person's demons, making them act in a certain way.
Revenge also plays a significant role here. People go above and beyond to protect their self-
respect, and when that is tainted, it leaves behind remorse, fear, and guilt, which, when
gaslighted, turns into revenge. Gaslighting does not necessarily come from a person but even
from messages, podcasts, and videos, which further raise anger and spite. Hate crime is a
double-edged sword that only has negative consequences, and it doesn’t matter if you’re on the
givers' or receivers' ends. As it has been rightly said,
In the hushed confines of corporate boardrooms, where profit margins are scrutinized, deals are struck,
and careers are carved, a sombre statistic lurks in the shadows: an estimated 703,000 people around
the world take their own lives each year due to various reasons, with workplace-related issues being
one of the most alarming. Between 2011 and 2022, there was a tragic increase in suicides, resulting in
the loss of over half a million lives. In 2022, there was a record-high number of suicide deaths, and the
overall suicide rate increased by 16%. While suicide deaths slowed in 2019 and 2020, they began
rising again in 2021 and 2022, and the exact reasons for this increase remain unclear waiting to be
acknowledged.
Is Recession a Factor?
While a recession itself does not directly cause employee suicides, it can exacerbate factors that
heighten suicide risk. Economic downturns often result in job loss, financial instability, and increased
stress, which, combined with feelings of hopelessness and despair, can lead to mental health
challenges such as depression and anxiety, increasing the risk of suicide among certain individuals.
Conclusion:
Workplace-related suicides represent a complex and deeply troubling challenge that demands
collective attention and action. It affects millions of individuals and families globally. By addressing
root causes, promoting mental health support, and nurturing a culture of well-being, we can strive for
a future where workplace-related suicides are a tragic chapter of the past rather than a harrowing
reality of the present.
Intimate partner violence is one of the most common forms of violence against women and includes
physical, sexual, and emotional abuse and controlling behaviours by an intimate partner, despite the
fact that women can be violent in relationships with men, frequently in self-defence, and that violence
does occasionally occur in same-sex relationships, male intimate partners, or ex-partners. Contrarily,
men are significantly more prone to violent acts, not by someone close to them, but rather by
strangers or acquaintances.
In many nations, the word "domestic violence" is used to describe spousal abuse, while the term can
also refer to abuse of children, elders, or any member of the home. A severe and escalating form of
interpersonal violence known as "battering" is characterized by various sorts of maltreatment,
intimidation, and threats, as well as becoming more possessive, and the abuser's behaviour is one of
control.
While Indian women account for 36% of all suicides worldwide among people aged 15 to 39, Indian
men make for a quarter of all suicides worldwide. every 25 minutes, one suicide. These are not
singular occurrences. According to experts in mental health, widespread domestic abuse is one of
the main causes of this predicament. The “Domestic” part doesn't matter Violence is Violence.
What are the root reasons and risk factors for violence towards intimate partners?
Violence is a behaviour that can be exhibited by both men and women and can occur within
relationships of the same gender. The underlying causes of violence often originate from
psychological factors, with mental health playing a significant role. One major contributing factor is
"mental health." Additionally, other factors such as individual characteristics, relationship dynamics,
and community and societal influences can also contribute to violence. An essential aspect of
addressing this issue is the establishment of a streamlined system for delivering justice to victims who
experience such challenges.
What are the most effective methods for preventing and tackling IPV?
International reviews have recently compiled data on effective or at least promising strategies for
stopping and responding to violence against women, including IPV. These evaluations indicate a
requirement for extensive, multi-sectoral, and ongoing cooperation between all tiers of the ecological
framework, governments, and civil society.
· Organize media and advocacy activities to increase knowledge of current laws.
· Change civil and criminal legal systems.
· To reinforce the civil rights of women in relation to divorce, property, and child support plus
custody.
· Form alliances between governmental and civil society organizations.
· Create a solid evidence base for advocacy and education.
· Employ communication on behavior change to effect social change.
Conclusion:
“End Violence, Refuse To Be Silent!”
Intimate partner violence (IPV) is a distressing issue, and recent research has uncovered a concerning
trend. Victims of IPV who also suffer from chronic diseases or disabilities face a significantly higher risk,
approximately 2.4 times greater, of both contemplating and actually attempting suicide compared to
victims who do not have such underlying health conditions. This revelation underscores the critical
importance of addressing not only the visible physical harm inflicted by IPV but also its profound impact
on the mental health and well-being of those involved.
In the context of intimate partner violence, the concepts of "consent" and "comfort" take on a pivotal
role. Establishing clear boundaries and seeking mutual consent is fundamental in any relationship. It is
imperative to create an environment where both partners feel safe, respected, and comfortable
expressing their needs and concerns. Early indicators of potential violence or abusive behaviour should
never be ignored but rather acknowledged and addressed promptly. This proactive approach is
essential to prevent the escalation of violence within intimate relationships.
Equally crucial is the need for all adults to gain awareness of the various aspects related to violence.
Education and awareness programs can empower individuals to recognize the signs of abuse, seek
help, and support those in need. Communities and societies must work collectively to promote healthy
relationship dynamics and provide resources for victims.
Moreover, there are numerous solutions and institutions in place dedicated to assisting victims of
intimate partner violence. These include helplines, shelters, counselling services, and legal support. It
is vital for victims to know that they are not alone and that help is readily available. Silence, in this
context, only perpetuates the cycle of violence and suffering. Breaking the silence and seeking
assistance is a courageous step towards ending the cycle of abuse and ensuring a safer and more
equitable future for all individuals in intimate relationships.
Introduction:
As an aspiring corporate professional in India, I feel that in a fast-paced and competitive corporate
world, where success is often measured by quarterly reports and filings, the mental health and well-
being of employees have taken a backseat. While we may associate our workplaces with productivity,
growth, and camaraderie, it is crucial to acknowledge the dark reality that some individuals face within
these walls. Behind closed doors, there are stories of immense pressure, stress, and despair that can
tragically lead to devastating consequences. Workplace-related suicides represent a dark and hidden
reality that has immensely changed the corporate world. During my corporate training, in my
interactions with many corporate employees, they have all claimed that there is no balance between
work and personal life and that work has taken precedence for many people. So, the question is
whether work should be the primary priority, and should the work-life imbalance stress lead only to
suicide?
Conclusion:
Just like the company PwC believes that the workplace should be free of talking about stress and
have informal relations amongst the employees, other corporates should also apply the same. A
judgment passed by the Supreme Court under the Kishor Parashar Case (2017): “Boss can’t be held
responsible if an employee commits suicide due to work pressure”. If the order is passed that the
boss is not responsible, at least it is the responsibility of the corporate firm to give compensation to
the family of the deceased. Workplace suicides are a tragic consequence of work-related stress and
mental health challenges. Rather, the workplace should guarantee economic stability, be free from
discrimination, and help people to develop themselves.
Editorial Board
Editor-in- Chief
Ms. Viral Dave (I/c. Principal)
Faculty Editors
Asst. Prof. Vishalakshi Sathianathan
Asst. Prof. Berlina Lopes
Asst. Prof. Anushree Bhatt
Librarian Shweta Pathak
Student Editors
Ashlyn Almeida (Editor)
Manav Suthar (Associate Editor)
Members of SRS
Ruchita Potagevan
Harshita Sumra
Diksha Rathore
Avik Karmakar
Sameeksha Kargutkar
Arshiya Shaikh
Email:
kesjplaw.srs@gmail.com