Madras High Court Bats For Mental Health Screening Of Arrestees/ Accused For Remand
3 years, 1 month ago

Madras High Court Bats For Mental Health Screening Of Arrestees/ Accused For Remand

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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. The expression 'every person' in Article 21 comprises an arrestee/ remand prisoner as well, and Section 20 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. Referring to Sunil Batra v. Delhi Administration 4 SCC 494 and Accused X v. State of Maharashtra 7 SCC 1, Justice G.R Swaminathan asserted the inalienable right of prisoners to receive mental health care.

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