Author: Sai Smruti Kiran, Centurion University of Technology and Management
TO THE POINT:
Access to mental health in prison is a basic fundamental right,and yet it is remains severely inadequate globally. Mental health disorders are twice as prevalent in prison as compared to the general public. Despite all the information, many prisoners remain undiagnosed and untreated. Today’s societies have still not seen a critical change in the field of mental health. There is a lack of acknowledgement in the field of mental health, which is the most challenging problem occurring in recent times. Many person with psychosocial disorders have also experienced many human rights violations which affect their dignity. This legally and ethically challenges the demand for urgent attention from a human right perspective. This mental illness can lead to suicide and self-harm, which may be triggered by the condition and experience of imprisonment. The suicide rate in very high in Indian prisons. There are many reasons that prevent the prison system from providing accurate mental health services, such as a shortage of trained professionals, insufficient treatment programs, and overcrowding. These factors create a stressful environment for prisons and contribute to the prevalence of high mental illness. There is also lack of a comprehensive legal and policy framework for mental illness which creates inconsistent care across the world. Although the Mental Health Care Act,2017 direct appropriate care for mentally ill prison its implication remains slow. MHRBs mental health review board have the authority to inspects prisons. Lack of adequate rehabilitation and after-care system for prisoners with mental issues which can leads to various complexities for the society post their release from prison. Addressing the mental health of prisonrs is not only essential for well being of indivual but also for the society.
ABSTRACT:
This article looks at the human rights approach to prison mental health care, investigates how the prison environment systematically destroys mental well-being, and calls for a rights-based approach to correctional mental health care.Prisoners constitutes one of the most vulnerable groups in society, as they entirely depend on the state for the ffulfillmentof their bisac need including healthcare. The protections of prisoners mental health is not merely a matter of walfare but a fundamental human right obligations. Depression, anxiety disored and self harm tendence are mostly reported among presiornes across jurisdiction. Prisoners suffering from mental illness are frequently neglected and not given proper medical attention. The right to mental health is linked to the right to life and human dignity. The supreme court of india have held that imprisonment does not deprive a person from their fundamental right.
LEGAL JARGONS:
ARTICLE 21
The fundamental right to life and personal liberty. The Supreme Court has liberally interpreted this provision to encompass the right to health, right to live with dignity, and right not to be subjected to mental torture.
ARTICLE 14
The fundamental right to equality before the law and equal protection of the laws.
WRIT JURISDICTION
The power of the Supreme Court under Article 32 and the High Courts under article 226 to issue orders enforcing fundamental rights.
PRINCIPLE OF EQUIVALENCE OF CARE
The standard that medical and mental healthcare in prison must be equivalent not inferior to that available in the general community.
TO PROOF
The issue of mental health in prison must be considered within the context of human rights, rather than being seen only in terms of administration. The right to dignity guaranteed by the Constitution does not end outside the prison gates. The failure of the State to ensure that prisoners receive proper care for their mental well-being might be seen as violating Article 21. Effective safeguards for prisoners’ mental health demand a rights-based framework.
CASE LAW:
SHATRUGAN CHAUHAN V. UNION OF INDIA 2014
This is one of the most significant judgments relating to the death penalty in India. This case increased the constitutional protection of death row prisoners, widened the applicability of Article 21 and held that even a condemned prisoner has dignity as a human being up to the very last minute before his/her legal execution.
VINAY SHARMA V. UNION OF INDIA 2020
In accordance with the principles set out in the case of Shatrugan Chauhan, the defense submitted that execution of a person who has a mental illness is an unreasonable punishment. The decision of the court to take into consideration the international standards was appreciated by United Nations experts on human rights.
L MURUGANANTHAM V. THE STATE OF TAMIL NADU 2025
In the above decision, the court considered the case of a physically disabled inmate who was not accorded appropriate medical treatment, nutritional requirements, and even basic amenities during his stay in prison, resulting in the exacerbation of his physical condition, as well as serious mental injury. It was determined by the court that the above-mentioned deprivation amounted to violation of not only statutes governing individuals with disabilities but also constitutional provisions.
LALIT LUCKY V. STATE( NCT OF DELHI) 2025
There was a strict criticism of the correctional facilities for the delay in the processing of the parole and furlough applications made by a prisoner. It is pointed out that extended periods of imprisonment without any break like parole or furlough, will put the prisoner in depression and stress. This may create chaos and disturbance in the prison itself. It is also highlighted that providing temporary freedom is not an act of giving privilege but an essential requirement for maintaining the mental stability of the prisoner.
FAQs
. Why is mental health in prisons considered a human rights issue?
The mental health in prisons is considered as a human rights issue because it is directly linked to the fundamental right to life, dignity and healthcare under Article 21 of the Constitution.
. Do prisoners have a constitutional right to mental healthcare?
Yes, although it is not expressly mentioned but the Supreme Court interpreted Article 21 broadly to include the right to health and dignity.
. What are the major mental health challenges faced by the prisoners?
The most common health challenges faced by the prisoners include depression, anxiety, suicidal tendency etc.
. Which law governs mental healthcare rights in India?
The Mental Healthcare Act 2017 in the primary legislation governing mental healthcare rights in India.
