A Critical Analysis of Mental Health of Prisoners With Special Reference to Mental Health Care Act 2017
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Abstract
The incarcerated population globally represents one of the most vulnerable and
newlinemarginalized groups, often disproportionately affected by mental health conditions.
newlinePrisons, by their very nature, are environments fraught with stressors including
newlineovercrowding, isolation, violence, lack of privacy, and separation from family that
newlinecan exacerbate pre-existing mental illnesses or precipitate new ones. In India, a country
newlinewith one of the largest prison populations in the world, the mental well-being of
newlineprisoners remains a critical yet often overlooked aspect of human rights and public
newlinehealth. This abstract presents a critical analysis of the mental health status of prisoners
newlinein India, with a specific focus on the efficacy and challenges of the Mental Healthcare
newlineAct (MHCA), 2017, in addressing their unique needs. It posits that despite the
newlineprogressive intent of the MHCA, significant gaps persist between legislative provisions
newlineand their practical implementation, leading to inadequate mental healthcare for those
newlinedeprived of liberty.
newlineThe prevalence of mental illness among prisoners far exceeds that of the general
newlinepopulation. Studies, both international and domestic, consistently indicate higher rates
newlineof depression, anxiety disorders, psychosis, substance use disorders, and personality
newlinedisorders within correctional facilities. A substantial proportion of individuals entering
newlinethe criminal justice system already have pre-existing mental health issues, while the
newlineharsh realities of incarceration can trigger or worsen these conditions. The cyclical
newlinenature of mental illness and criminal behavior underscores the urgent need for a robust
newlineand accessible mental healthcare system within prisons, not only for humanitarian
newlinereasons but also for effective rehabilitation and public safety.
newlinePrior to the MHCA, 2017, mental healthcare in India was primarily governed by the
newlineMental Health Act, 1987, which was largely criticized for its custodial and often
newlinediscriminatory approach.