Home > Publications > The Interpersonal Tolerance Scale (IPTS): Scale Development and Validation Critical Analysis of Criminal Responsibility and legal Capacity of the Mentally Ill Patient in Pakistan

The Interpersonal Tolerance Scale (IPTS): Scale Development and Validation Critical Analysis of Criminal Responsibility and legal Capacity of the Mentally Ill Patient in Pakistan

Muhammad Ifzal Mehmood1, Sara Qayum2, & Ashfaq U.Rehman3

Abstract
The Convention on the Rights of Persons with Disabilities is a treaty recognized by 155 member‟s states. It is a complete document that is related to the person with disabilities. Article 12 of the document mention the legal capability of mentally ill patient, which clearly state that the state parties will make legislation to provide legal capacity to the persons with disability. Although Pakistan has signed the treaty, but the mental health laws of Pakistan does not clearly mention the legal capacity of a disabled person. After 18th amendments, health department is given in the hands of provincial government and expect Sindh government most
of the provinces had not presented updated legislation. This paper discusses the legal capability and article 12 of CRPD, to examine the possibilities under which the disable person can utilize his/her legal rights. Second part demarcate the legal capacity and criminal liability. It is essential to mention that mental health patient in some cases cannot be charged for his criminal offence. A qualitative method of research is followed, which helped the researcher in the analysis of available data regarding legal capacity. It is observed that mental health laws of Pakistan need to be updated. The work recommends that article 12 of the CRPD should be
incorporated in the legislation regarding mental health patients.

Keywords: Mentally Ill Patient, Responsibility, Criminal, Legal Capacity, CRPD