Mental Health: Delhi High Court Issues Directions To Authorities For Protecting 'Mental Integrity, Soundness Of Mind' Of Prisoners

The Delhi High Court has issued a slew of directions to the authorities for ensuring protection of mental and emotional health of the prisoners, observing that while imprisonment restricts the right to liberty, it does not restrict the human rights of convicts.

“It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic,” Justice Swarana Kanta Sharma observed.

The court directed that in case a convict shows signs of mental health issues which are reflected through the behaviour, the administration concerned should bring it to the notice of psychiatrist posted in the prison.

“Prison Administration including medical officers should be sensitized with regard to identifying and dealing with issues of mental and emotional health of inmates. In case a convict is repeatedly being punished inside the prison, the administration may, in appropriate cases, refer inmate’s case with promptness to the psychiatrist posted in the prison and provide appropriate remedial course of action for the same,” the court said.

It added that where a convict is found to be experiencing the mental and emotional health issues in prison, counselling or alternate therapies and meditation facilities must be provided to the inmate.

“An SOP be prepared, detailing the course of action to be followed including the mode and manner of providing alternate therapies and provision for the same be made for such facilities in the prison itself in this regard, the Government of NCT of Delhi will provide the infrastructure and funds,” the court said.

It added: “All the prisons in Delhi should have a counselor/psychiatrist posted throughout the year who will be available to a convict who identifies or recognizes his own emotional or mental health issue or it is identified by the concerned Superintendent Jail/Warden, who will produce such inmate for consultation/counseling before the psychiatrist.”

The court also directed DSLSA to include programmes for conducting workshops, which will act as mental health therapies for the convicts in prison.

The DSLSA should ensure that instead of having one or two programs of this nature, it should be a regular feature so that the convicts, throughout the year, have access to benefit of such programmes conducted by DSLSA, the court said.

Justice Sharma also said that the Superintendent of Jail, warden and other prison officials can play a crucial role in identifying the prisoners or convicts and take steps to achieve the bigger goal of protecting their mental integrity and soundness of mind, especially those who are incarcerated since long.

“While imprisonment restricts right to liberty, it does not restrict other human rights of the convict. It is crucial to ensure that the right of prisoners to dignity and their mental and emotional health is protected so that chances of their social re-integration after their release from the prison are increased,” the court said.

It added that though controlling, structured, disciplined routine of a prisoner’s life is to ensure rehabilitation, the prison administration needs social policy rather than a purely penal policy. Observing that there is an emergent need to recognize that only social policy will achieve great changes in convicts, Justice Sharma said:

“While it will require a commitment to reformative philosophy, the implementation of the suggestions and directions to change for betterment, the current sentencing environment will go a long way in achieving the goal of treating the convicts in prisons with dignity and emphasizing on bringing about actual and permanent changes in them.”

The court ordered that a copy of the judgment be forwarded to the Delhi Government’s Director General (Prisons), Secretary of DSLSA, Principal Secretary of Delhi Government’s Home Department, Secretary of Delhi Government’s Department of Law for necessary compliance. 

“A compliance report be filed before this Court within two months. A copy be also forwarded to Jail Superintendent, Central Jail No. 14, Mandoli, New Delhi for information and to be communicated to the petitioner,” the court said.

Title: SARTAJ @ALLAHARAKHA v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 666

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