Mental health and criminal justice
Issues of mental health intersect with the justice system in multiple ways. Issues such as competence to stand trial, the insanity defence, mental health considerations at sentencing and during incarceration, and access to mental health services are vital aspects of criminal justice that overlap with disability justice and need to, therefore, reflect those values. It is yet another area where the law must look for interdisciplinary insights, and this has posed a challenge to both persons of the law and professionals in the field of mental health and allied areas. Our defining work in this area has been ‘Deathworthy: A Mental Health Perspective of the Death Penalty’, a report based on extensive research with over 85 death row prisoners across five states in India, for which we were guided by senior psychiatrists and a psychologist from NIMHANS, Bengaluru. Our work also led to the Supreme Court recognising post-conviction mental health concerns as a mitigating factor in death sentence cases in Accused X. v. State of Maharashtra (April 2019). Allowing our intervention In re: UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home (WPA (P) no. 27 of 2021), the Calcutta High Court directed us to submit a report on the status of prisoners with mental disabilities in prisons across West Bengal and the state of mental healthcare in prisons in the state. It also sought recommendations from us for next steps, including a policy for involving trainee mental health professionals in prison mental healthcare. Our Co-Founder and Director, Maitreyi Misra, was awarded the Presidential Commendation at the 23rd World Congress of the World Psychiatric Association for her impressive work on its statement against the death penalty for persons with mental disabilities.
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