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Summary
NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

Code of Criminal Procedure(405)

Semester- IV

Course Instructor- Nikita Barooah, adjunct faculty of law, NLUJAA

Case Commentary on “Murugan v. State of Tamil Nadu”

Submitted by-

Name-Chirantan Kashyap

UID-SM0120017
 Introduction
Mental health is quite important for any individual, while still being a taboo topic in today’s
society and consder
2
: The World Health Organisation (WHO) definition of Health has been amplified to include the
ability to lead a "socially and economically productive life". [1] The 1978 declaration and
subsequent global conferences of WHO, [2] have made very clear the following facts: Health
and development mutually impact each other. Health contributes to and results from social and
economic development. All sectors of the society affect and get affected by health. Investing in
health is thus investing for development. Also, health cannot be narrowed to just a medical
subject, but, should be viewed on a broader perspective. The role of many other mutually
connected and interdependent sectors in the maintenance and development of Health needs to be
understood. It is 34 years since the Alma-Ata declaration, and the state of affairs has not changed
2
in any significant manner. The investment in Health is still low, and the statement that the
majority of the resources go for armaments and military conflicts (Alma Ata declaration) [1]
holds true even today. Health and social markets are different from business markets. Effective
and equitable care and principles of social justice should take priority over supply and demand
principles. [2] Mental health is a neglected subject even today Mental health is an integral part of
health. Mental health is defined as "a state of wellbeing in which individuals realize their
abilities, cope with the normal stresses of life, work productively and fruitfully and make a
contribution to their communities." [3] WHO emphasizes that 'mental health is crucial to the
overall wellbeing of individuals, societies and countries. Mental, Emotional and Behavioural
disorders (MEBs) are a serious threat to national security and economy. Healthy working
environments, safe living conditions, are seriously compromised by MEBs.' [4] Thus the impact
of mental illnesses on the nation's/world economy is huge. Some of the losses can be measured
while others cannot be quantified. Despite it being a proven point that, there are definite gains by
investing in mental health and we can make a measurable difference (WHO), unfortunately the
investment on mental health continues to be substantially low. Hence, it becomes the
responsibility of every mental health professional to advocate for investing in mental health.
14
Mental health is an inseparable component of public health while the focus of today’s world is
clearly on keeping one’s physic well very less attention is given that even for physical health ,
 4
and not only that it also has a substantial impact on countries and their human, social, and
4
economic capital and it is very few people that do realize this connection between the two. It is
more than just the absence of mental diseases or symptoms; it is also a resource that contributes
to general well-being and productivity, see there is something called human capital that
contributes to the economy and having mental illness does effect the human capital. Whereas
7
positive mental health is a condition of well-being in which an individual recognises his or her
11
own potential for it the human does hardwork to reach the full potential, is able to cope with
typical life challenges when a human is ill even the smallest of life’s difficulty seems big and it
3
seems like a big mountain which cant be crossed with ease, can work effectively and fruitfully,
3
and can contribute to his or her community by achieving his /her targets (2). Good mental health
enables for cognitive and emotional flexibility, which is the foundation for social skills and stress
3
resilience. This mental capital is essential for the smooth running of families, communities, and
society as a whole, see even for an economic point of view the nexus between people is so much
so that it’s like a well oiled machine, so suppose if there’s an industry where 100s of workers are
there and suppose due to any reason such as economic policy the workers are frustrated so in
such a case it will definitely affect the production. Societies, like people, can have the ability if
3
they are well to resist to pressures such as economic crises. Economic shocks can destabilize
government budgets, and also impact the macroeconomic practice of the government and have
3
an impact on education and health care systems. However, studies suggest that social welfare
15
laws may strengthen communities' resilience to such shocks and minimize the mental health
effects that are caused by such shocks, for example in the case of depression during the 1920’s
the interesting predicament was that after the depression was starting to end, the rise of Nazi
party was rising along with the depression, see the reason for such a predicament is simple the
people due to different stress related to the economic factor, thus the society being anguished
over the years for such economic deplorable condition affects the way of thinking of the masses
3
and the stress-related repercussions of economic downturns (3). In contrast, although economic
crises may have mental health consequences, mental health problems are having an increasing
3
economic impact. The economic costs of mental health issues – mostly lost productivity – are
estimated to be 3–4% of GDP in European Union (EU) nations, this is the evidentiary proof that
6
there exists a co relation between mental health and the economy . (4). This happen due to severe
mental disorders which often start in adolescence or young adulthood, therefore the loss of
productivity can be long-lasting and thus harm the economy in a long term sense. Workplace
10
changes raise the cognitive and emotional demands of the job (5). Absenteeism and labor-force
13
disengagement have increased. Economic crises have a greater impact on mental health because
of stress, anxiety, and depression-related problems. Mental health conditions account for roughly
12
one-third of new disability benefits in many European countries, and this proportion is growing.
3
Thus, mental health is an important economic factor. The shift from a manufacturing to a
knowledge society emphasises even more the importance of mental health for sustaining
productivity. Good population mental health contributes to economic productivity and
prosperity, making it crucial for economic growth (5). The successful recovery of European
economies appears to crucially depend on the mental health of the population. The following
sections outline how countries can safeguard and support mental health in times of economic
downturn.

Wealth disparity and the mental health

'Economics is the mother tongue of public policy, the language of public life, and the mindset
that shapes society' (Raworth, 2017)

The question as to what role does a state of economy plays in determining the mental health of
its citizens can be answered by looking at the socio economic factors of a nation.

There is mounting evidence linking economic inequality and its effect on mental health, there is
a need to understand that the marginalized section of the society or the less fortunate of the
5
society faces more hardship in acquiring basic things in life. Experiences of socioeconomic
disadvantage, such as unemployment, low income, poverty, debt, and substandard housing,
9
worse living conditions does naturally lead to having a poor mental health. Mental health issues
are especially prevalent among marginalised groups experiencing social exclusion,
discrimination, and trauma, it’s a group that is least looked after by the state for any state one of
the main aim should be looking after every section of the society but it failed to do so. But the
difference occurs from the 1970s when the studies on the effects of mental changed their
dynamics of the studies they moved from the socio economic factors as a reason or studying the
socio economic effects of the mental health, to a very narrow field of studying the disease itself
(Smith, 2016b; Shim et al., 2014.At an ecological level, a significant relationship has been
shown between higher income inequality (Gini coefficient), and higher incidence rates of
schizophrenia (Burns et al., 2014), as humans live in very deplorable condition or in very
unhygienic places there’s effect on the mental health, moreover factors such as unemployment
also makes a person anxious which in turn does play a role in schrizophenia. In addition, the
connection between experience of socioeconomic disadvantage and increased risk of suicidal
behaviour has also been established (Platt et al., 2017). Furthermore, the association between
educational inequalities and mental health outcomes may be attenuated by controlling for
employment status, indicating the importance of employment for mental health (Katikireddi et
al., 2016). At a community level, low socioeconomic status may lead to greater concerns about
neighbourhood safety, and decrease the amount of physical activity in the community, with
consequent impacts on mental health (Meyer et al., 2014). A focus on socioeconomic factors
may also link with ideas of social capital or community efficacy, measures of trust and
commitment by residents to a neighbourhood (Platt et al., 2017), which have been linked to rates
5
of depression, suicide, and internalising behaviours (Schmidt et al., 2014). Many argue for a
renewed focus on social justice, advocating for the significance of socioeconomic factors for
mental health (Friedli, 2009; Rogers and Pilgrim, 2010

A study by V Patel titled “ Income inequality and depression: a systematic review and meta-
analysis of the association and a scoping review of mechanisms” dwells further into the topic
while such studies have been done previously too but this study especially becomes important
because it interacts with the topic in hand and asks and reason as to why it occurs,The authors
found that primarily “found a significant positive relationship between income inequality and
risk of depression”. According to the authors, the outcome shows "a convincing quantitative
connection between income disparity and depression.", "the translation of this risk to population
8
mental health is likely to be quite high." In other words, even a minor increase in the risk of
8
depression as a result of living in an unequal society will affect a large number of individuals and
have a significant impact on public health., so a situation where the income levels of a country is
fast depleting the effects will also increase on its mental health, this happens because of various
factors which occur at different levels such a individual, local and national level. At individual
level the people who belong to that strata feels status anxiety due to less number of resources that
the individual have, and the feeling of social inferiority because they compare themselves with
those who have more resources. Those who have less has always this psychological stress of
realizing economic goals and achieving it for them. At neighborhood level, the problems
associated is the kind of neighbourhood that a person is living around. At the nation level it is
about the economic policies that a government has, a government can have a face that is pro
poor but in it policies or its economic planning it all can be about only favouring those who
already have resources

In an another study conducted by Pickett, James, and Wilkinson studied the prevalence of any
mental condition in industrialised nations and its relationship with the socio economic factors of
the country, it was one of the first studies that dwelled on the topic. During this study they tried
to study the underlying link between mental health and income disparity. Differences in social
16 1
trust and cohesiveness, the development of a negative perception of one's own position and
worth [10], and a perceived loss of control over work and life are among them. It seems to reason
1
that all of these will lead to some form of mental anguish.The impact of social inequalities on the
health of populations has been controversial. Although many studies have reported better health
and mortality indices in egalitarian societies [11], other studies have found no evidence to
support such an association [12-14]. However, Wilkinson and Pickett [15] pointed out in a sys-
tematic review of analysis of income inequality that studies that found no associa- tion between
inequality of income and health tend to be smaller in geographical and population coverage and
hence less reflective of social stratification for which income inequality is a marker.
Furthermore, psychosocial problems (i.e., violence and suicides) tend to be higher in lower
income areas [16]. Given the widespread positive association between income inequality and
physical health, an association between mental health and social inequality seems likely. For
example, Lynch et al. [13] reported similarity between 100-year trends in suicide and income
inequality in the United States, but they were unable to control for the impact of other social
factors. However, it is likely on the basis of this evidence that levels of social in- equality do
have some effect on rates of suicide. Eibner, Sturn, and Gresenz [17] correlated an index of
relative deprivation with higher risks of developing depression and anxiety. Whereas Kahn,
Wise, Kennedy, and Kawachi [ 1 8] found an association between living in an income unequal
area with depression in women, other studies [19-20] have found weaker associations, casting
doubt on this relation. The relation between gender role expectations and income inequality
means the inability of women to reach their full potential could lead to a further sense of poorer
aspiration, achievement congruence, and powerlessness. These gender-related expectations are
1
further likely to influence self-esteem and result in psychological morbidity. We know that
conditions such as depression are more common in women, and, in certain settings, rates of
deliberate self-harm are higher in women. With the increase in migration of single women, often
to support their families elsewhere, there is a need for further understanding of the psychological
impact to and needs of women. Overall, poverty and mental disorders are closely linked, and
eradication of poverty as well as improvement in mental health-care strategies is needed to
improve this status
 Similarity Report ID: oid:28078:17279505

46% Overall Similarity

Top sources found in the following databases:
38% Internet database 23% Publications database
Crossref database Crossref Posted Content database
26% Submitted Works database

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Internet

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