Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ State has an affirmative responsibility to the undertrial or convict. The State must provide adequate medical support. As such appropriate facilities should be provided in State assisted hospitals for undertrials who become mentally ill in prison. The person should be placed under the observation of a psychiatrist who will diagnose, treat and manage the person. In case such places are not available, the State must pay for the same medical care in a private hospital. In either case care must be provided until recovery of the undertrial/convict. vi) When a convict has been admitted to a hospital for psychiatric care, upon completion of the period of his prison sentence, his status in all records of the prison and hospital should be recorded as that of a free person and he should continue to receive treatment as a free person. vii) Mentally ill undertrials should be sent to the nearest prison having the services of a psychiatrist and attached to a hospital, they should be hospitalized as necessary. Each such undertrial should be attended to by a psychiatrist who will send a periodic report to the Judge/Magistrate through the Superintendent of the prison regarding the condition of the individual and his fitness to stand trial. When the undertrial recovers from mental illness, the psychiatrist shall certify him as ‘fit to stand trial’. viii) All those in a jail, with mental illness and under observation of a psychiatrist should be kept in one barrack. ix) If a mentally ill person, after standing trial following recovery from the mental illness is declared guilty of the crime, he should undergo term in the prison. Such prisoners, after recovery should not be kept in the prison hospital but should remain in the association barracks with the normal inmates. The prison psychiatrist will, however, continue to periodically examine him for reviewing his treatment and suggesting him other activities. x) The State has a responsibility for the mental and physical health of those it imprisons. While some of the recommendations below may appear to be of a general nature, they would help prevent people becoming mentally ill after entering jail. Each jail and detention center, therefore, shouldensure that it provides the following: i) An open environment, lawns, kitchen gardens and flower gardens, daily programmes for prisoners should include physical and mental activities that reduce stress and depression including organized sport and meditation. ii) A humane staff that is not unduly harsh; (a) Officers of the institution shall not, in their relations with the prisoners use force except 64 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 84 7/17/06, 6:29 PM