Annual Report - National Human Rights Commission

Complaints Before the Commission
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Singh was now in a stable condition and could be shifted to Jan Kalyan Trust, an old age home
at Noida where appropriate arrangement had been made. However, the trust later backed out
from their commitment. While the matter stood thus, for the sake of the protection of human
rights of the mentally ill prisoner, and in the light of the directions by the High Court, the
Commission moved a Criminal Writ Petition No. 1278/04 before the High Court of Delhi and
prayed for quashing of the trial of Charanjeet Singh whose condition had deteriorated despite
prolong treatment at various hospitals/ institutions.
4.183 During the course of hearing the High Court requested the Commission to suggest
guidelines to ameliorate the hardships faced by accused persons of unsound mind, and to ensure
that their human rights are respected. The Commission accordingly submitted draft guidelines to
be followed by all officials concerned. The High Court, while observing that it had become
clear that the undertrial prisoner cannot be tried as there was no chance of reversal of his
deteriorating mental and physical condition and no scope of improvement in his condition, quashed
the charge sheet against Shri Charanjeet Singh.
4.184 The High Court commended the role played by the Commission in taking up the case of
desolate and destitute person Charanjeet Singh as well as the framing of the guidelines to be
followed in such cases. It appreciated the positive response by the Government. of NCT of
Delhi and directed the State Government to prepare necessary schemes for rehabilitation of
released mentally ill persons, within three months and also to take steps for establishment of half
way homes for such destitute people taking into account the guidelines suggested by the
Commission which are reproduced below :-
i) Psychological or psychiatric counselling should be provided to prisoners as required in
order to prevent mental illness and/or to ensure early detection. Collaborations of this
purpose should be made with local psychiatric and medical institutions as well as with
NGOs.
ii)
iii)
iv)
Central and District jails should have facilities for preliminary treatment of mental disorders.
Sub-jails should take inmates with mental illness to visiting psychiatric facilities. All jails
should be normally affiliated to a mental hospital.
Every central and district prison should have the services of a qualified psychiatrist who
should be assisted by a psychologist and a psychiatric social worker.
Not a single mentally ill person who is not accused with committing a crime should be
kept in or sent to prison. Such people should be taken for observation to the nearest
psychiatric centre, or if that is not available to the Primary Health Centre.
v) If an undertrial or a convict undergoing sentence becomes mentally ill while in prison, the
National Human Rights Commission Annual Report - 2004-2005
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