Inmate’s mental health should be protected to ensure social reintegration after release: Delhi HC

The Delhi High Court has said as it directed all jails here to depute a counsellor or psychiatrist for the benefit of inmates throughout the year

New Delhi: A prisoner’s right to dignity as well as mental and emotional health should be protected to enhance the chances of social re-integration post release, the Delhi High Court has said as it directed all jails here to depute a counsellor or psychiatrist for the benefit of inmates throughout the year.

Justice Swarana Kanta Sharma said the prison administration should be sensitised about issues of mental and emotional health of inmates, and asked the Delhi State Legal Services Authority to regularly hold workshops for mental health therapies for the convicts.

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Long incarceration would deprive a convict of “positive emotions” and “satisfaction with life”, the judge said.

“While imprisonment restricts right to liberty, it does not restrict other human rights of the convict. It is crucial to ensure that the right of prisoners to dignity and their mental and emotional health is protected so that chances of their social re-integration after their release from the prison are increased,” said the court in a recent order.

“In case a convict is found to be experiencing such mental and emotional health issues in prison, counselling or alternative therapies and meditation facilities be provided to the inmate.

“All the prisons in Delhi should have a counsellor/psychiatrist posted throughout the year who will be available to a convict who identifies or recognises his own emotional or mental health issue or it is identified by the concerned Superintendent Jail/Warden, who will produce such inmate for consultation/counseling before the psychiatrist,” it directed.

The court’s order came on a petition for parole by a murder convict serving life term. The convict’s lawyer said since his arrest in 2013, he has has continuously remained in jail.

Refusing relief, the court noted that the petitioner’s conduct has not been satisfactory in the jail and he invited punishments on 13 occasions for violating prison rules.

It further said convicts with long incarceration might suffer from depression and other emotional disturbances which might affect their day to day behaviour.

It thus directed that in case a convict in prison shows signs of mental health issues or is repeatedly being punished inside the prison, the administration should bring it to the notice of psychiatrist concerned.

The court said it was time to ensure that a convict becomes a law-abiding citizen upon his release, which can be achieved only if his mental health issues are recognized and attended to.

“The life event of long incarceration will generally deprive the convict of positive emotions and satisfaction with life. Fear, anxiety, frustration and anger may drive such convicts to behave differently as they may consider it as a setback and may not be able to cope with it due to long incarceration,” the court said.