Writ of habeas corpus vis a vis mental health patients : An analysis

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.