The Delhi High Court, led by Justice Swarana Kanta Sharma, has underscored the importance of prioritizing the mental health and emotional well-being of convicts enduring extended periods of incarceration. The Court's recent directives, arising from the case of Sartaj @ Allaharakha v State of NCT of Delhi, aim to safeguard the dignity and mental health of prisoners, thereby fostering their prospects for successful reintegration into society upon release.
Justice Sharma highlighted that while prisons serve to keep criminals off the streets, inadequate attention to the mental health of long-term inmates may inadvertently cultivate further criminal strategies and lead to detachment from the fear of future imprisonment. To counteract this trend, the Court issued a series of significant directives designed to uphold the mental and emotional health of prisoners.
The Court's directives include the establishment of a counsellor or psychiatrist within all Delhi prisons to provide inmates with access to emotional and mental health support. A comprehensive Standard Operating Procedure (SOP) is also to be developed, detailing the implementation of alternate therapies and facilities within prisons. The onus falls on the Government of Delhi to provide the necessary infrastructure and funding for these initiatives.
Furthermore, the Court mandated that inmates who are subjected to repetitive punishment should be referred to psychiatrists for evaluation and potential therapeutic intervention. In cases where prisoners exhibit signs of mental health issues affecting their behaviour, prison authorities are to promptly alert the in-house psychiatrist.
To ensure holistic implementation, prison administration and medical officers will receive sensitization training to identify and address mental and emotional health issues among inmates effectively. The Delhi State Legal Services Authority (DSLSA) is also directed to organize regular workshops focused on promoting mental health therapy for prisoners throughout the year.
Justice Sharma's directives originated from a plea filed by Sartaj @ Allaharakha, a prisoner seeking parole. The Court acknowledged that the petitioner's consistent misconduct in prison warranted denying parole. However, it authorized the petitioner's interaction with private counsel to file a special leave petition (SLP) in the Supreme Court.
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