Published on: 09 August 2023 at 17:35 IST
In a significant move towards prioritizing the mental and emotional health of incarcerated individuals, the Delhi High Court has set forth a series of directives aimed at addressing the mental health challenges faced by long-term convicts.
Justice Swarana Kanta Sharma, while presiding over the case of Sartaj @ Allahharakha v State of NCT of Delhi, emphasized the importance of preserving the dignity and mental equilibrium of prisoners.
The Court’s recent rulings underscore its commitment to ensuring the successful reintegration of prisoners into society after their release.
Key Directions:
- Mental Health Focus: The Court recognized the need for a nuanced approach to handling mental health issues experienced by prisoners, particularly those serving extended sentences. It asserted that while imprisonment might temporarily prevent criminals from committing further offenses, inadequate attention to their mental well-being could hinder rehabilitation efforts.
- Comprehensive Care: The Court mandated the establishment of a counselor or psychiatrist position in all Delhi prisons to provide necessary mental health support to inmates.
- Standard Operating Procedure: A detailed Standard Operating Procedure (SOP) should be formulated, outlining the provision of alternative therapies and facilities within prison premises. The Government of Delhi is expected to provide the required infrastructure and funding to implement these measures.
- Psychiatric Referrals: The Court directed that prisoners who face repeated punishments should be referred to psychiatrists by prison administrators, in appropriate cases.
- Timely Interventions: In cases where inmates exhibit signs of mental health challenges, prison authorities must promptly alert the in-house psychiatrist to ensure timely intervention.
- Sensitization: Prison administration, including medical personnel, is required to undergo sensitization programs enabling them to recognize and address mental and emotional health concerns among inmates effectively.
- Workshops for Mental Health: The Delhi State Legal Services Authority (DSLSA) was instructed to organize regular workshops to promote mental health therapy for prisoners, ensuring sustained access to such programs.
- Balancing Punishment and Rehabilitation: The Court emphasized the need for a balanced approach, stressing that excessive punishments without addressing mental health concerns could lead to disintegration and recurrence of criminal behavior.
- Compliance and Reporting: The Court’s directives are to be communicated to relevant authorities, including the Director General (Prisons), DSLSA, and other concerned departments. A compliance report is to be submitted within two months.
The Court’s actions stem from a case brought forth by Sartaj @ Allahharakha, a petitioner who contested the denial of his parole application.
The Court highlighted the petitioner’s history of multiple punishments and criminal cases, underscoring the challenges faced by prisoners like him in maintaining social ties due to prolonged incarcerations.
This landmark decision spotlights the Court’s commitment to holistic justice and the rehabilitation of offenders, recognizing that addressing mental and emotional well-being is vital for their successful reintegration into society.
Through these directives, the Delhi High Court takes a significant stride towards acknowledging the importance of mental health within the criminal justice system.”