Calcutta High Court Takes Suo Motu Cognisance Of Matters Concerning Prisoners With Mental Illness And Mental Disabilities In Bengal
The Calcutta High Court bench of bench of Justices Joymalya Bagchi and Gaurang Kanth is currently hearing a matter on the state of mental health care and treatment facilities and services in prisons in West Bengal, and the condition of prisoners with mental illness and disabilities including prisoners found unfit to stand trial. The hearings in The Court on its Own Motion: In re: UTP Dipak...
The Calcutta High Court bench of bench of Justices Joymalya Bagchi and Gaurang Kanth is currently hearing a matter on the state of mental health care and treatment facilities and services in prisons in West Bengal, and the condition of prisoners with mental illness and disabilities including prisoners found unfit to stand trial.
The hearings in The Court on its Own Motion: In re: UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home, [WPA(P) No. 27 of 2021] have been going on since 2021, when the Court took suo motu cognisance of a case where a 62-year-old Nepalese citizen, Dipak Joshi @ Jaisi @ Jaishi, was languishing in Dum Dum Correctional Home in West Bengal for almost 41 years without trial.
Joshi was arrested and imprisoned on charges of murder and a Darjeeling sessions court found him unfit to stand trial in 1982 and the trial did not resume after that. According to the report filed by the West Bengal State Legal Services Authority (WBSLSA) before the Calcutta High Court, Joshi's psychological evaluation revealed that he “had the mindset of a child not more than 9-10 years of age.”
On 17.03.2021, a bench of the Chief Justice of the Calcutta High Court, Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy, directed that Dipak Joshi be released to his family in Nepal and on 07.12.2021, the State was directed to pay a compensation of Rs. 5 Lakhs to him through the Consulate of Nepal.
The court investigated the broader issue of undertrial prisoners with mental illness and required the WBSLSA to file a status report with respect to undertrial prisoners with mental illness across prisons in West Bengal on 22.03.2021. Subsequently, on 28.08.2023, an intervention application filed by Dr. Anup Surendranath, Executive Director, Project 39A, National Law University Delhi was allowed by the Court.
In its order of 05.02.2024 the Court directed the parties including the WBSLSA and the intervenor to (a) assess the state and quality of mental health care and treatment in prisons in West Bengal (b) formulate solutions to improve the state of mental health care (c) file a detailed report on prisoners with mental illness and disabilities and the care provided to them and (d) formulate a policy to engage trainee psychologists from recognised universities for counselling and/or assistance to prisoners with mental illness/disabilities.
The WBSLSA has filed a report prepared jointly with the intervenor regarding the state of mental health care and treatment of prisoners with mental disabilities in prisons in West Bengal along with possible solutions. Project 39A's report has also indicated that 104 undertrial prisoners and 75 convicted prisoners with mental disabilities may be eligible for release per the Undertrial Review Committee Guidelines.
A Standard Operating Procedure has also been formulated by the State along with WBSLSA in consultation with Project 39A and the Institute of Psychiatry IPGMER-SSKM Hospital to include students of psychology and social work in providing care to prisoners with mental illness and disabilities in West Bengal. The next date of hearing is 22.11.2024.
The issue of prison mental health has been brought to the attention of courts multiple times and courts have been making attempts to tackle the multiple concerns with prison mental health in India. For instance, in August 2024, in Lata Babulal Shinde v. State of Maharashtra & Ors a matter concerning death by suicide of a death row prisoner, the Bombay High Court directed the State to provide suggestions and file an affidavit regarding measures taken by it to ensure that prisoners' mental health does not deteriorate.
It must also be noted that Dipak Joshi is not the only prisoner who fell through the cracks after being found unfit to stand trial. Another case is of the tragic detention of Machal Lalung, who spent over 54 years in detention after being found unfit to stand trial on a minor charge of assault. He spent around 26 years in a psychiatric hospital and when found fit to be released, he was released to a prison in Assam where he spent another 28 years. Taking cognisance of his case, the Supreme Court in 2007 had formulated guidelines to check exactly this kind of problem, but that doesn't seem to have been effective.
In fact, in 2023 the Delhi High Court tried to put in place another solution to deal with prisoners with mental illness whose families may have abandoned them. In Madhu Bala v. State, the Delhi High Court had directed the Delhi government to ensure adequate numbers of half-way and long-stay homes for persons with mental illness who do not have homes to go back to so that they can live in a safe environment. The Court was reiterating the directions it issued in 2005 in the case of Charanjit Singh and NHRC v State and Ors, where it had directed the government to formulate guidelines to, among other things, ensure housing of prisoners with mental illness who have no family or place to go to.
With inputs from Project 39A, National Law University, Delhi.
Click here to read 17.03.2021 order