The Madurai Bench of Madras High Court has recently underlined how police, prison authorities and remanding magistrates must deal with arrestees/ / prisoners who are persons with mental illness (PMIs).
The expression 'every person' in Article 21 comprises an arrestee/ remand prisoner as well, and Section 20 (1) of the Mental Healthcare Act confers on every PMI the right to live with dignity, the court observed.
About the obligation owed to the arrestees or remand prisoners with mental illness, the court suggests,
"It is time that State revises the protocol regarding medical examination of the arrestees. The proforma for health screening of prisoners must contain a specific column as regards the mental well being of the arrestee. That column cannot be filled up after posing a formal question to the arrestee. The duty doctor must observe independently and gather inputs from the arrestee's next friend or relative."
Justice G.R Swaminathan was hearing a writ petition filed by the wife of a remand prisoner, requesting proper medical treatment owing to his condition of bipolarity.
In this case, the accused was booked under Section 306 of IPC, Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and SC /ST (POA) Act, 1989 for collecting exorbitant interests from the deceased and abetting his suicide.
During the health screening of the accused, the ENT specialist who was acting as the duty doctor certified that he was fit for remand. Since the accus accused also didn't indicate any mental health conditions, the police as well as the prison authorities were unaware of his bipolar condition.
Psychiatric ailments are ticking bombs. They lie beneath the surface. Unless they manifest themselves in a concrete manner in the behavior and conduct of the patient, one is hardly aware of it", the court opined about the situation.
The court recorded in its order that when remand prisoners are mentally ill, the same can only be ascertained by their family members or those who are taking care of them. Almost often, the person will be in denial mode, rejecting to adhere to any treatment protocol prescribed, the court noted.
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