CIVIL LIBERTIES
connection with poor hygienic conditions and an insufficient supply of clear water.
The incidence of tuberculosis was also found to be high in some areas. Unfortunately,
the reports from the States have been erratic or wanting. Only Andhra Pradesh, Goa,
Haryana, Madhya Pradesh, Manipur, Orissa, Tamil Nadu and the Union Territories of
Delhi and Chandigarh have been sending their reports regularly. The reports received
have been carefully analysed and appropriate recommendations have been made to
the Government of the States/Union Territories concerned for taking remedial action.
The Commission urges those States that have not been adequately responsive to send
the requested data to the Commission. The Commission would like to underline that
the States have an obligation to ensure the medical examination of prisoners on
admission to jail.
4)
Mentally III Patients Languishing in Jails
4.63 The Commission has been greatly distressed by the reports it has received of the
presence of mentally ill persons in prisons, in violation of the provisions of the Mental
Health Act, 1987 and the specific directions given by the Supreme Court on the
subject. Directions issued by the Commission through a letter addressed by the
Chairperson to the Chief Ministers of all the States/UTs on 11 September 1996 was
reiterated on 7 February 2000 and the Criminal Justice Cell has been monitoring
compliance. A review made in January 2001 revealed the presence of mentally ill
patients in jails in 10 States, namely, Rajasthan, Tamil Nadu, Sikkim, Delhi, West
Bengal, Jammu and Kashmir, Karnataka, Manipur, Orissa and Assam. Efforts of the
Commission have resulted in the situation being corrected in Rajasthan, Tamil Nadu,
Sikkim, Delhi and Manipur. Further, the number of mentally ill patients in prisons
came down from 24 to 15 in Jammu and Kashmir, 16 to 14 in Karnataka and 38 to 6 in
Assam during the period covered by this report. The Commission is distressed to note,
however, that as many as 112 mentally ill patients are still being held in Alipore Jail,
Calcutta. The Commission has specifically requested the Chief Secretary, West Bengal
to arrange for the proper treatment of these prisoners and their rehabilitation by
involving a Calcutta-based NGO, 'SEVAK'. The matter is being pursued with the
Government of West Bengal.
5)
Sensitisation of Jail Staff
4.64 Sensitisation of jail superintendents and jailors in respect of the human rights of
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