Kerala to set up mental health establishment for prisoners

The Kerala High Court has asked the State government to set up a mental health establishment in at least one prison in the State, for prisoners with mental illnesses. The Court said that such prisoners can ordinarily be referred to and cared for in the said mental health establishment.

What laws govern prisoners in India? 

Indian law regulates prisons and prisoners under the Prisons Act, 1894 and the Prisoners Act, 1900.

What are a prisoner’s medical rights?

Every prison must have a Medical Officer and a Medical Subordinate (Assistant Surgeon, Apothecary or qualified Hospital Assistant). 

If the Medical Officer thinks a prisoner’s mind might be harmed because of the discipline or treatment that they are put through in prison, the Officer should write and report the case to the Superintendent, with observations. This report, with the Superintendent’s orders, should be sent immediately to the Inspector General of Prisons for information.

The Jailer should immediately tell the Medical Subordinate about prisoners wanting to see them, or sick prisoners who need medical attention. The Jailer should also implement all written directions given by the Medical Officer/Subordinate regarding alterations of the discipline or treatment of such prisoners.

The Jailer should make daily entries based on the Medical Officer/Subordinate’s directions regarding any prisoner in their personal information record. The Jailer should record each direction and whether it was followed or not, along with observations. 

Can the Government make prisoners do labour?

Yes. A prisoner who has committed a crime may be ordered to do labour as part of their punishment, for a maximum of nine hours per day. The Medical Officer should examine the labouring prisoners while they are employed. At least once in every two weeks, the Officer should record the weight of each labouring prisoner as part of their personal information. 

If the Officer thinks a prisoner’s health is suffering due to any kind of labour, the prisoner should be placed in another kind of suitable labour.

What happens if a prisoner dies?

If any prisoner dies, the Jailer should immediately notify the Superintendent and the Medical Subordinate. The Medical Officer should record the following details of the death in a register:

1. The day on which the dead prisoner first complained of illness or was observed to be ill; 
2. Their labour and diet on that day
3. The day they were admitted to hospital and the nature of the disease
4. The day when the Medical Officer was first informed of the illness, and when the prisoner was last seen alive by the Medical Officer/Subordinate
5. When the prisoner died; and if a post-mortem examination is conducted, then an account of their appearance after death with special remarks by the Medical Officer.