CIVIL LIBERTIES
measures had been taken along the lines proposed by the Commission. The other
States and Union Territories are being encouraged to take similar action.
F] Systemic Reforms: Prisons
1)
Mentally III Persons in Prisons
3.53 The Commission has. since September 1996, been urging the Governments of all
States/Union Territories to respect the provisions of the Mental Health Act, 1987,
which prohibits the lodging of the non-crimineil persons, who are mentally ill, in
prisons. These instructions were reiterated by the Chairperson of the Commission in
letters addressed to the Chief Ministers/Administrators of all States/Union Territories
on 7 February 2000. Further, the Custodial Justice Cell of the Commission has been
engaged in an effort to gather precise information on the number and condition of
mentally ill persons in jails all over India. The Commission has been shocked to find
that, in clear violation of the provisions of the Mental Health Act, mentally ill patients
were still being lodged in prisons in Assam, Jammu and Kashmir, Kamataka, Manipur,
Orissa, Rajasthan, Sikkim, Tamil Nadu, West Bengal and Delhi. The situation was the
worst in West Bengal, where 112 mentally ill persons, who were not criminals, were
incarcerated in Alipore Special Jail. The Commission directed that they be transferred
to an appropriate hospital for the mentally ill. Tamil Nadu and Manipur have
complied with the directions of the Commission and transferred non-criminal
persons, who were mentally ill. from prisons to appropriate hospitals.
2)
Medical Examination of Prisoners on Admission to Jail
3.54 Alarmed by the large number of deaths in prisons attributed to tuberculosis and
other contagious diseases, the Commission has considered it essential to remind
State/Union Territory Governments that they have a mandatory obligation to ensure
that every prisoner is medically examined on admission and that those suffering from
any disease are provided proper treatment. The Commission has, further, introduced
a system of obtaining reports from the Inspectors General of Prisons every sue months
with a view to ensuring that the Conunission's instructions are being complied with.
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