Delhi High Court order incorporates NHRC's suggestions on <br> Mentally ill undertrials

The Commission recently intervened in the case of Shri Charanjit Singh, a seventy year old person, who was in detention for nearly 20 long years as an undertrial prisoner because he was mentally ill and his physical and mental condition did not allow him to defend himself at the trial. As a result, his trial could not proceed further. He was even abandoned by his own relatives. The Commission moved a Criminal Writ Petition (Cr.W.P. No. 1278/04) for quashing criminal proceedings against him and suggested a set of guidelines to deal with cases of undertrial prisoners in similar conditions. The Delhi High Court by its order dated 4th March 2005 allowed the Writ Petition and quashed the proceedings. It also asked the Government of National Capital Territory of Delhi to evolve an appropriate scheme based on the guidelines suggested by the NHRC. The court in its order also incorporated the recommendations made by the NHRC regarding dealing with the cases of those who are mentally ill and in jail. Some of the suggestions being:

1. Psychological or psychiatric counselling should be provided to prisoners for early detection and to prevent mental illness.
2. Central and District jails should have facilities for preliminary treatment of mental disorder. All jails should be formally affiliated to a mental hospital.
3. Services of a qualified psychiatrist in every central and district prison who should be assisted by a psychologist and a psychiatric social worker.
4. Not a single mentally ill individual who is not accused of committing a crime should be kept in or sent to prison. Such an individual should be taken for observation to the nearest psychiatric centre or Primary Health Centre.
5. If an undertrial or a convict undergoing sentence becomes mentally ill while in prison, the State must provide adequate medical support.
6. When a convict has been admitted to a hospital for psychiatric care, upon completion of the period of his prison sentence, his status in all records of the prison and hospital should be recorded as that of a free person and he should continue to receive treatment as a free person.
7. Mentally ill undertrials should be sent to the nearest prison having the services of a psychiatric and attached to a hospital, they should be hospitalized as necessary. Each such undertrial should be attended to by a psychiatrist who will send a periodic report to the Judge/Magistrate through the Superintendent of the prison regarding the condition of the individual and his fitness to stand trial.
8. All those in jail with mental illness and under observation of a psychiatrist should be kept in one barrack.
9. If a mentally ill person, after standing trial following recovery from the mental illness is declared guilty of the crime, he should undergo his term in the prison. Such prisoners, after recovery should not be kept in the prison hospital but should remain in the association barracks with the normal inmates.
10. The State has a responsibility for the mental and physical health of those it imprisons.
11. To prevent people from becoming mentally ill after entering jail, each jail and detention centre should ensure that it provides
i) a conducive environment with physical and mental activities for prisoners that reduce stress and depression;
ii) a humane staff that is not unduly harsh;
iii) effective grievance redressal mechanisms;
iv) encouragement to receive visitors and maintain correspondence;
v) overseeing bodies should have members from civil society to ensure the absence of corruption and abuse of power in jails.

The Delhi High Court has also directed the Delhi Judicial Academy to include a short-term capsule course to sensitize judicial officers likely to deal with mental health cases and to orient such officers to the Mental Health Act, 1987. These short-term courses could be institutionalized and provided to each batch