NHRC directs States to ensure that mentally ill persons are not jailed under any circumstances

Justice J.S. Verma, Chairperson, National Human Rights Commission, has written to the Chief Ministers of all the States and to the Administrators of all the Union Territories asking them "to issue clear directions to the Inspector Generals of Prisons to ensure that mentally ill persons are not kept in jail under any circumstances". Moreover, the State Government must make proper arrangements for their treatment in approved mental institutions and not treat them as unwanted human beings.

In a letter dated 7 February 2000, the Chairperson stated that the Commission has been receiving distressing reports from different States regarding the sad plight of mentally ill persons languishing in prisons without proper care and attention. They are being treated like any other prisoner. Recently, an officer of the Commission visited a Central Prison in a North-Eastern State and found to his horror that as many as 44 mentally challenged persons were lodged in the prison. They were also not receiving proper psychiatric treatment and attention.

The Chairperson drew attention to the fact that the Mental Health Act, 1987, which came into force with effect from 1 April 1993, does not permit lodging of mentally ill persons in prisons. He observed "This is a very insensitive manner of dealing with them. They are meant to be kept in mental asylums and provided proper treatment. Indeed, detention of mentally ill persons in jails amounts to an egregious violation of human rights. The State Governments They are meant to be kept in mental asylums and provided proper treatment. cannot escape their obligation to provide The State Governments They are meant to be kept in mental asylums and provided proper treatment. psychiatric treatment to the mentally ill’. The Chairperson also drew attention to the fact that a number of non-criminal persons who were suffering from mental illness were also being kept in jails in violation of the existing Prison Rules.

Earlier, in 11 September 1996, the then Chairperson of the Commission, The Chairperson also draw attention to this fact that a number of non-criminal persons who were suffering from mental illness were also being kept in jails in violation of the existing Prison Rules. Justice Ranganath Misra, had written to all the States and UTs stating that if the Commission’s officers during inspections of jails detected the presence of mentally ill persons in prisons, the Commission would award compensation to such persons or their family members and further direct the State Government to recover the amount of compensation from the jail officers responsible for this lapse. The recent letter of the present Chairperson reiterates this instruction of the Commission in order to ensure that the rights of mentally ill persons are properly respected.