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Essay On Illegal Detention

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Words 2920
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Detention can be defined as an act of restricting a person’s liberty. Generally and for the

purpose of the present project, the state is considered authority to do so. In each and every

state, there are some guidelines regarding detention. So it can be said that, illegal detention is

unjustifiable deprivation of person’s security and liberty, by the state in the form of wrong

arrest, suspicion etc.

Illegal detention leads to severe human rights violation such as violation of right to life.

Traces of detention can be found in all legal systems existing in the world which is evident by

reflection of detention in numerous international and regional treaties. For example

Convention Relating to the Status of Refugees (1951) and …show more content…
Writ is, however, not ousted.

DETENTENTION OF PERSONS WITH MENTAL ILLNESS

The relevant legislation in this context would be The Mental Health Act 1987 (‘MHA’). Most

Supreme Court litigation on the issue has tended to focus on the conditions of the medical

facilities22 and not the admission. But recently due to upcoming cases including the charring

to death of 25 inmates in TamilNadu, who were chained for immobility and thus, could not

escape when the medical facility caught fire.23

Under the act several procedure has been laid down in detail regarding admission into the

medical assistance. Special provisions have been incorporated to deal with the case of

minors.24

There is also a mechanism for applying for ‘reception orders’, which are orders passed under

the MHA for the admission and detention of mentally ill persons25. An application for the

same can be made to a Magistrate by the medical officer in charge of a psychiatric hospital or

nursing home, or by a spouse or other relative of the mentally ill person.26 The magistrate has

to base his decision on the condition laid down in the MHA.27 The rights and duties of

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