The Supreme Court, on September 2, issued a notice in a guilty plea calling for the establishment of adequate mental health care facilities in prisons across the country.
A bank that understands Judges Abdul Nazeer and V. Ramasubramanian agreed to issue a plea notice that also seeks instructions for state and union governments to provide training and awareness to prison staff and law enforcement on the Mental Health Act of 2017. inmate screening reports are prepared in relation to the mental state of the detained person at the time of admission to hospital. It maintains that the medical examination carried out when inmates enter prisons does not include a mental health assessment.
The petition asserts that the lack or inadequacy of Mental Health Facilities in prisons is a blatant derogation from the mandate of Section 103(6) of the Mental Health Act 2017, which requires each state government to establish a Mental Health Facility at the medical center. wing of at least one prison in the State.
The petition raises concerns about the unsupportive prison environment, including issues of overcrowding, and clarifies the adverse impact it has on the mental health of convicts, often leading to their suicide. To substantiate the claim, he provides data from the NCRB related to suicides committed by inmates in jail. It further maintains that the prison authorities are indifferent to mental health problems or do not have adequate infrastructure to provide medical assistance.
To emphasize that the denial of adequate mental health care in prisons amounts to a violation of the fundamental rights of prisoners, it is relied on AP State v. Challa Ramakrishna Reddy and Ors. (2000) 5 SCC 712, which held –
“…prisoners, whether convicted or on trial, do not cease to be human beings and while in jail they enjoy all their fundamental rights guaranteed by the Constitution of India, including the right to life guaranteed by the Constitution”.
The Supreme Court ruling in In Re Inhuman conditions in the prisons of 1382, which noted that prisoners on death row should be allowed to meet with lawyers, family members, and mental health professionals. International human rights instruments have also found mention in the petition to underscore the point that prisoners are not deprived of basic human rights.
Concerned about the current state of mental health care in prisons across the country, the petitioner had previously submitted an application under the RTI Act questioning whether all state and Union Territories had established mental health facilities in their prisons as provided in the 2017 Act. Responses were received from 7 states covering 56 prisons. None of these 56 penitentiary centers has a Mental Health Establishment. However, of these, 8 prisons have psychiatrists available to provide assistance.
The petition has been submitted through AoR, Ms. Jyotika Kalra.
[Case Title: Kush Kalra v. Union of India And Ors. WP(C) No. 701/2022]
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