A review on status of incarcerated prisoners with an unsound mind and need for remedies to protect their constitutional rights.

Abstract

There is limited research in India focusing on the criminal justice system issues involving a special category of victims and accused suffering from unsoundness of mind. According to the Mental Health Care Act, 2017, they need immediate mental health services, as denial of the same is a violation of their fundamental right. Despite several advancements, people with unsound mind serving their sentences in the prisons constitute a major lot of the total prison population in India, despite the fact that they are the most helpless targets of human rights violations. Section 84 of the Indian Penal Code provides a constitutional right to an accused with unsound mind to seek defense against prosecution; but due to lack of awareness and acceptance and also due to outdated testing methods, the law is not under frequent practice and not exercised to its complete worth. By compromising on the procedure established by law, they are kept under trial in judicial custody. Thus, there is an urgent need to identify and address such victims and provide them with right care and protection that the constitution entitles them. This review article is an attempt to explore and highlight this issue, to raise a voice for identification of such violations, to provide means to deliberate medicolegal aid, and lastly to find out probable solutions, recommendations, and suggestions for a better administration of justice by providing legal security to the protection of basic human rights of people with an unsound mind.