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Inmates rigth
1. Human Rights of Prisoners with Mental Illness
M.K.Suja and Dr. K Muralidharan
Lecturer and Reader in Social Work
CMS College and PSG Arts College
Coimbatore, Tamil Nadu , INdia
2. The Supreme Court in India has asserted the
inviolable nature of human rights for all by
ordering the release of under trial prisoners
confined to psychiatric hospitals whenever
their stay exceeded the maximum period of
sentence for the alleged offence.
3. The conditions of detention in most parts
of the world are shockingly poor
•Overcrowding
•Corruption
•Violations of human rights
•Abuse and violence amongst inmates
themselves and by authorities
•Lack of medical care
•Structural and physical deficiencies
•Shortage of staff.
4. Majority of the prisoners come from the
underprivileged sections of the society
•Aspects of drugs, mental illness, malnutrition,
alcoholism etc which quickly aggravate in conditions of
overcrowding, exposure to heat, unsatisfactory
sanitation and poor quality of food.
•With mental pressures, tensions, frustrations
depressions and stresses being unduly high during
inprisonment, diseases flourish in such environments.
5. The World Health Organization (WHO)
provides a new understanding of mental
disorders
•Provide treatment in primary care
•Make psychotropic drug available at all level of
health care
• Give care in community
•Educate the public
• Involve communities
•Establish national policies
•Develop human resources
6. NHRC (National Human Rights Commission)
have certain recommendations that are to be
followed in India
1.Central and District jails should have facilities for
preliminary treatment of mental disorder.
2. Not a single mentally ill person who is not accused with
committing a crime should be kept in or sent to prison.
3. If an under-trial or a convict-undergoing sentence
becomes mentally ill while in prison, the State has an
affirmative responsibility provide adequate medical
support.
Contd…...
7. NHRC Contd….
4. When a convict has been admitted to a mental hospital for
psychiatric care, upon completion of the period of this prison
sentence, his status in all records of the prison and hospital should be
that of a free person
5. Regarding those under trials whose trial has been suspended for
even a single day due to mental illness, reports should be sent to the
relevant District and Session Judges as well as the Magistrate on a
quarterly basis i.e. every three months.
6. The State Government must strengthen legal aid services.
Preventive legal aid is required to check the abuse of the law and
dumping the mentally ill in prisons
8. Measures to safeguard / promote the mental
health of prisoners held in segregation:
•Removal from segregation
•Management of significant cases Increasing
the level of medical support Increased staff
observations
•Prison Counsellors
•Use of dedicated Samaritan phone (online
counselling)
•Keeping in touch with Family & friends
•Exercise & Relaxation
•Education / Hobbies
9. Framework to carry human rights actions for the
mentally ill prisoners.
Accountability-Governments, by agreeing to the various
International Human Rights treaties and conventions, are
accountable for promoting and protecting the human
rights of their inhabitants. To respect ,to protect & to fulfill
human rights.
Advocacy-process that is aimed at mobilizing community action on
an issue of concern to change attitudes, actions, policies and laws for
the betterment of people affected by that issue.
Approaches to Programming-Human rights-based approaches to
mentally ill prisoners help realize human rights themselves as well as
improve access to mental health care information, services and
treatment.
10. Role of Social Workers in safeguarding the Human
Rights of Mentally Ill Prisoners.
•Involving NGO,s and CBO,s in the treatment, care and support
programs
•Linking Government infrastructure with people in need.
•Emotional support to patients families
•Training Peer educators for giving awareness about mental
disorders
•Making available free medical care to the mentally ill in
liaisons with the Government Agencies like hospitals.
•Providing Human Rights training and legal support,Lobbying
•Support and care for the children who are left uncared or
orphaned due to mental illness.