On September 2, the Supreme Court in the case Kush Kalra v. Union of India And Ors observed and has issued notice in a plea seeking establishment of adequate Mental Healthcare Facilities in Prisons across the country.
The bench comprising of Justice Abdul Nazeer and the Justice V. Ramasubramanian observed and has agreed to issue notice in the plea which also seeks direction to Union and State Governments to provide training and awareness to the prison staff and law enforcement authorities about Mental Health Act, 2017. However, it implores the Bench to direct that the concerned authorities ensure that medical examination reports of prisoners are prepared regarding the mental state of the arrested person at the time of admission in Hospital. It is submitted that the medical examination conducted when the prisoners are admitted into prisons does not include mental health evaluation.
It was observed that the petition avers that the lack of or insufficient Mental Health Establishments at the prisons is in blatant derogation of the mandate of Section 103(6) of the Mental Health Act, 2017, which requires every State Government to establish a Mental Health Establishment in the medical wing consisting of at least one prison in the State.
However, the plea raises concerns about the inconducive prison environment, including issues of overcrowding, and elucidates on the adverse impact it has on the mental health of the convicts with often results in them committing suicide. To substantiate the claim, it provides NCRB data pertaining to suicides committed by prisoners in jail. Further, it is submitted that the prison authorities are either indifferent to mental health concerns or they do not have adequate infrastructure for providing medical assistance.
The Court to emphasise that denial of adequate mental healthcare in prisons amounts to violation of fundamental rights of the prisoners, reliance is placed on State of A.P. v. Challa Ramakrishna Reddy And Ors. (2000) 5 SCC 712, which held that the prisoners, whether a convict or undertrial, does not cease to be a human being and, while lodged in jail, enjoys all his fundamental rights guaranteed by the Constitution of India including the right to life guaranteed by the Constitution of India.
The Apex Court judgement in In Re Inhuman Conditions in 1382 Prisons, which observed that death row prisoners should be allowed to have meetings with lawyers, family members as well as mental health professionals, is also referred to. In the petition, the International human rights instruments have also found mention to drive home the point that prisoners are not devoid of basic human rights.
The court being concerned about the present state of mental healthcare in prisons across the country, previously the petition had filled an application under the RTI Act questioning all State and Union Territories whether they have to set up Mental Health Establishment in their prisons as mandated in the 2017 Act.
It was observed that the responses were received from 7 states covering 56 prisons. However, none of these 56 prisons have Mental Health Establishment. Therefore, out of them 8 prisons have Psychiatrists available to provide assistance.
AoR, Ms. Jyotika Kalra filled the petition.