Delhi High Court issues directions to ensure mental and emotional health of prisoners

Mental health issues of convicts lodged in jail for a long time must be dealt with delicate care, the Delhi High Court recently observed while issuing a slew of directions for the mental and emotional health of prisoners [Sartaj @ Allaharakha v State of NCT of Delhi]. .Justice Swarana Kanta Sharma opined that it is crucial to ensure that the right of prisoners to dignity and their mental and emotional health are protected so that chances of their social re-integration after their release from prison are increased..“Undoubtedly, prisons which are used for incarcerating criminals are able to keep the criminals off the streets, however long prison sentences where the convicts are not taken care of and no attention is paid to their mental health are unlikely to deter future crimes. Such convicts may actually learn effective crimes strategies from other prisoners and become disintegrated and fearless of threat of future imprisonment," she observed. .The Court, therefore, passed various directions to promote the mental health of prisoners, including a mandate to have a counselor or a psychiatrist in all prisons in Delhi.The Court ordered that a Standard Operating Procedure (SOP) should be prepared, detailing how alternate therapies and facilities may be provided in prisons. The Government of Delhi will provide the infrastructure and funds for the same, the Court said. Justice Sharma further directed that if a convict is repeatedly being punished in jail, the prison administration, in appropriate cases, should refer them to psychiatrists.“In case a convict is found to be experiencing such mental and emotional health issues in prison, counselling or alternate therapies and meditation facilities be provided to the inmate,” Justice Sharma ordered.She added that if a convict shows signs of mental health issues, that are reflected in the convict's behaviour, the prison authorities should bring it to the notice of the psychiatrist posted in the prison. Prison Administration, including medical officers, should be sensitized so that they can identify and deal with mental and emotional health issues of prison inmates, the judge further said. .Moreover, the Delhi State Legal Services Authority (DSLSA) was directed to organise workshops to promote mental health therapy for the convicts in prison.“The DSLSA should ensure that instead of having one or two programs of this nature, it should be a regular feature so that the convicts, throughout the year, have access to benefit of such programmes conducted by DSLSA," the Court said. .The Court passed the directions while hearing a plea by a prisoner named Sartaj @ Allahharakha (petitioner), who had challenged the government’s refusal to grant him parole..The Court noted that the petitioner has been punished 13 times in 10 years of incarceration and was involved in 10 criminal cases. It further recorded that because he was not released on parole, it was difficult for such a prisoner to maintain any social ties.The Court proceeded to raise concern that though the Prison Rules deal with the issues of mental illness, there was no rule to deal with the issues of mental and emotional health..The Court directed that its order be forwarded to the Director General (Prisons), Secretary, the Delhi State Legal Services Authority, and the Principal Secretary (Home), Secretary, Department of Law, Justice and Legislative Affairs for necessary information and compliance.“A compliance report be filed before this Court within two months. A copy be also forwarded to Jail Superintendent, Central Jail No. 14, Mandoli, New Delhi for information and to be communicated to the petitioner," the Court added. .Advocate Sushant Bali acted as Amicus Curiae in the matter.Advocates Faraz Maqbool, Vismita Diwan, Sana Juneja, Chandan Kumar and Chinmay Chatterjee appeared for the petitioner, Sartaj.Additional Standing Counsel (Criminal) Sanjeev Bhandari along with advocates Kunal Mittal and Saurabh Tanwar appeared for the State..[Read Judgment]