Shivani Pandey –
Published on: August 25, 2021, at 12:00 IST
Addressing the deplorable condition of the Prisoners languishing in Prison and Mental health Centres for years, the Kerala High Court ordered the State government to set up at least one Mental Health Unit, as stated under Section 103(6) of the Mental Healthcare Act.
Justice VG Arun was compelled to pass the order after contemplating a report by the Secretary, Kerala State Legal Services Authority (KELSA), the relevant provisions under the Code of Criminal Procedure, the Mental Health Care Act 2017.
The Court issued the following guidelines:
- The State government shall establish Mental Health Unit in at least one prison in the State and come up with Mental Health Review Boards.
- The Mental Health Review Board shall make sure that Prisoners with mental illness are allowed to live with dignity and make available information of the mentally ill remand prisoners to the Kerala State Legal Services Authority.
- The Medical Officers of prisons and Mental Health Units shall strictly adhere to the duties imposed on them under Section 103 of the Mental Health Care Act.
- The State Government shall, with the help of the KELSA, take measures to locate the relatives of acquitted mentally ill prisoners and the undertrial prisoners fit for recuperation.
- The Special Secretary, Social Justice Department shall file a report specifying the steps taken in terms of the above directions.
The Court also mentioned that the provisions of the Criminal Procedure Code need to be amended to sync with the Mental Healthcare Act, 2017.
“Not only the terminology, but the procedure prescribed in Chapter XXV also has to be amended, to make the provisions commensurate with the provisions of the Mental Healthcare Act, so as to achieve the laudable objective of the Act, viz., to make improve the life and living standards of persons with mental illness”, the Court remarked.
Click here to Read/Download the Order
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