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Abstract This paper gives an overview of the status and practice of forensic psychiatry in India. It traces the origins of mental health legislation and describes the fundamental aspects of criminal law as it relates to psychiatry, particularly with reference to provisions for diverting mentally disordered offenders (MDOs) to rudimentary and often non-existent mental health services. The archaic nature of mental health law, coupled with the criminal justice system's ignorance of underlying fundamental principles, affects thousands of MDOs. The breaches of human rights and absence of access to legal redress combine to highlight the lamentable condition of the MDO, an invisible group, despite recent efforts by the judiciary and the National Human Rights Commission of India. The research concludes by identifying core areas that require radical rethinking for the care and management of this dually disadvantaged group to reach acceptable standards.
Sarkar et al. (Wed,) studied this question.