Shocking cases of undertrial neglect in Tezpur Mental Hospital comes to the attention of the NHRC : Notices issued to Assam Government

New Delhi, 10th June 2005

The National Human Rights Commission has issued notices to the IG (Prisons) and Chief Secretary , Assam asking them to submit reports of 5 undertrial prisoners presently lodged at the LGB Regional Institute of Mental Health, Tezpur, Assam. They have been given 2 weeks to reply

The 5 cases are that of Machang Lalung who has been a undertrial prisoner for 54 years , Khalilur Rehman who has been lodged in the Mental Hospital for 35 years, Anil Kumar Burman a undertrial prisoner for 33 years, Sonamani Deb a undertrial prisoners for 32 years , and a woman Parbati Mallik who has been a undertrial prisoner for 32 years.

The plight of these undertrial prisoners were reported to the NHRC by its Special Rapporteur Shri Chaman Lal who had visited the LGB Regional Institute of Mental Health on 31st March and 1 st April 2005.



Machang Lalung was admitted on 14th April 1951 at the age of 23 years as a Undertrial Prisoner (UTP) of Guwahati jail u/s 326 IPC. As per records for 15-16 years he was regularly produced before the Board of Visitors and at their instance letters were written from time to time to the Magistrate Kamrup and Guwahati showing him unfit to defend himself. The Board on 9th Aug. 1967 wrote to Magistrate Kamrup Guwahati informing that Shri Lalung was fit to stand trial. On 10th Aug.1967, the Superintendent wrote to the Secretary to the Govt. of Assam saying that he was fit for trial and should be taken back to the jail. The Secretary wrote back on 5th Sept. 1967 asking for particulars of his case. No reply was sent. Instead each year a letter was sent certifying his insanity. On 3rd Nov.1994, he was declared fit in a letter addressed to the CJM Guwahati. Nothing happened. His file then shows a letter dated 2nd Feb. 2002 from the Secretary to the Govt. of Assam to the Suptd. Jail Guwahati asking him to go through the jail records and produce the UTP before the Magistrate. Nothing has been heard from that end till date. Machang Laung is now 77 years and works in the hospital garden without communicating with anybody. The Medical Supdt. has stated that he is not on any psychotropic medicine for several years and is free of any active signs of mental illness. He has received no visitors for more than 40 years. As per information, prima facie the accused was never produced in the trial court for trial even though he was fit to stand for trial after 9th Aug. 1967. He still remains an UTP for 54 years in a case u/s 326 I.P.C.

Khalilur Rehman was admitted on 1st Dec.1969 as a prisoner from Nagaon Dist. Jail. He has been in judicial custody since 1963. His file shows that his conviction u/s 302 IPC was set aside by the High Court on 30th April 1968 i.e. before his admission to mental hospital and has wrongly been treated as a prisoner all these years. In fact, he was entitled to receive treatment for mental illness as a free man. The Institution it was shown had written to his family in July 1984 about his discharge. On 10th Aug. 1984, the family wrote back saying that they will take him if he is fit. However, a month later they informed the institute they are too poor to take him back. The institute then requested the IG (Prisons) on 5th Sept. 2000 for his repatriation since he was fit for discharge. On 14th Sept.2001, the Suptd. Jail Nagaon wrote to Officer Incharge, Police Station Lakhimpur to take charge of the patient. On 8th April 2001 the IG (Prisons), Assam wrote to the Officer Incharge of the Police Station concerned to locate his family or nearest relative. No progress was made after this. Rehaman is now 70 years old and he has been in the Mental Hospital for 35 years even after gaining fitness for discharge. It appears that the prison authorities have failed to take appropriate action in the matter of release of the convict after his conviction u/s 302 I.P.C. was set aside by the High Court on 30th April 1968.It also appears to have wrongly treated him as a prisoner instead of a free person while undergoing treatment for mental illness in the hospital, and failed to discharge him. As a result, the victim has remained in the mental hospital, although cured for over two decades, in violation of his human rights.

In the case of Anil Kumar Burman he was admitted on 9th Dec 1972 as a case received from Dhubri Jail. The file contains the judgment dated 15th July 1969 acquitting him of the charge. His family wrote to the Secretary to the Government, Assam on 20th April 1974 followed by a reminder dated 2nd July 1974 requesting for his release. As there was no response from any authority, he seems to have been written off by his family. On 31st Oct. 1996 the Institute wrote to the Superintendent Jail requesting him to arrange for his release. The Supdt. wrote back on 13th Nov.1996 expressing helplessness since his record was not traceable. The Institute took special interest in his case and based on information collected from him kept writing to certain persons in his village. Ultimately a letter written to the Headmaster of his village school produced results. His son-in-law came along with some villagers and got him released on 30th March 2005. This man was admitted in the Mental Hospital as a convict on 9th Dec.1972 after being acquitted in a murder case ordered on 15th July 1969. The file shows that he was fit enough to be discharged at least from 20th April 1974 onwards. Even if that was not possible, he should have been kept as a non-criminal mentally ill person and not in the Jail Ward. His detention in hospital as a prisoner for 33 years is a sad commentary on the state of human rights of mentally ill persons in our country. The information recorded on his file prima facie shows violation of human rights of an alleged mentally ill person, Shri Anil Kumar Burman, who having been acquitted of the charge of murder on 15th July 1969, had not been discharged till 30th March 2005, though he was fit to be discharged from 20th April 1974 onwards.

Sonamani Deb was admitted on 5th July 1972 at the age of 16 years. His file shows that in the judgment of the case u/s 302 IPC delivered on 8th Nov. 1971 the Sessions Judge, Lakhimpur had found him 'not guilty on account of being insane at the time of occurrence'. The order said that he should be lodged in jail for treatment and observation. Since he was not convicted, he was to be admitted as a free person and not as a prisoner but yet he has been suffering the unjust treatment of being wrongly treated for 32 years

Sonamani Deb, a destitute was wrongly treated as a prisoner after 8th Nov.1971, when the Sessions Judge, Lakhimpur found him "not guilty" of the offence. The information available also does not indicate the present status of his mental illness and the steps taken for his rehabilitation in case he is fit for discharge. At present he does not show any active signs of mental illness and helps in ward activities.

The sole female UTP at the Institute Parbati Mallik of P.S. Silchar, Dist. Cachar was admitted on 9th May 1977 when she was 21 years old. As per records, she was a UTP in connection with the murder of her mother four years back. Noticing her response to treatment, a letter was written to the Supdt. Dist. Jail, Silchar on 23rd Jan.1978 declaring her fit for trial and requesting for relevant papers regarding her case. Her file throws no light on what happened till 31st Sept.1986 (8 years) when another letter declaring her fit for discharge (not asking for any papers) was written. Thereafter on 3rd Jan.1996 she was shown unfit for discharge. This was repeated in the letter dated 25th May 2000 and 14th Aug.2001. On 31st Oct. 2002, IG (Prisons), Assam was informed that she was fit for discharge and can take OPD treatment from Tezpur Jail. On 16th Nov. 2002, IG (Prisons) asked the Director, I.M.H. about the relevant court orders by which she was shifted to the Mental Hospital, Tezpur and whether OPD treatment in Silchar Medical College was possible. On 6th Dec.2002, the Institute wrote to the IG (Prisons) that her case file contains no court papers other than four medical certificates and that OPD treatment in Silchar Medical College was possible. There was no response from the IG (Prisons) till March 2004 when the Institute wrote letter dated 23rd March 2004 requesting for her discharge and return to the jail. IG (Prisons), Guwahati wrote back and again asked for the relevant court orders. The Institute replied on 1st April 2004. Her file shows no progress after that. The Commission's Special Rapporteur during his recent visit saw this patient in the female ward and found her quiet and withdrawn. The Doctor Incharge of Unit III Dr. K. Pathak, and Sr. Resident, Dr. Mrs. Oli Roy Chakraborty, were of the opinion that her continued hospitalization is not necessary. Had she been discharged in early years of hospitalization, her case could have been decided. Even if she had been convicted of murder, in all probability she would have been granted premature release by this time. She has been a UTP for 32 years, found sometime fit and sometime unfit for defending herself.