If you are mentally ill, you can get away with crime

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Bhubaneswar: In good news for the mentally-ill undertrial prisoners in the state, the state Home department has decided to provide mentally unstable jail inmates getting treated at mental asylums all the benefits as enshrined in Section 84 of the Indian Penal Code. The section directs that any act of crime done by mentally ill will not be considered an offense as he is incapable of understanding that the nature of the act is either wrong or contrary to the law.

In its submission before the Odisha Human Rights Commission (OHRC), the state Directorate of Prisons and Correctional Services informed the rights body that the decision was taken at a meeting of the Home department in this regard, January 24.

The commission was hearing a complaint filed by rights activist Biswapriya Kanungo on the huge number of mentally-ill prisoners and their plight in the jails of the state.

It also came to notice from the submission of the Prisons department that three posts for psychiatrists in three circle jails of Berhampur, Sambalpur and Baripada, have been lying vacant.

The state government had created four posts for psychiatrists at four circle jails but only Choudwar Circle Jail has a psychiatrist for the treatment of mentally-ill prisoners.

On the other hand, the Prisons department revealed that the number of jail inmates with psychological problems in state has reduced in 2019. Odisha recorded 627 prisoners with mental illness kept at various prisons till November 30, 2019. The number of such prisoners in 91 jails across the state in 2018 was 677— including 348 convict and 329 undertrials.

The Choudwar Circle Jail holds maximum number mentally-ill prisoners in the state. It has a total number of 75 such psychologically ill prisoners including 50 convicts and 25 undertrials. There is no sanctioned psychiatrist post at Koraput Circle Jail that holds 44 mentally-ill prisoners which second after Choudwar.

Meanwhile, activist Kanungo told Orissa POST, “The number of prisoners with mental illness is still much higher compared to other states in India. We have demanded for the creation of an independent committee to look into the environment inside jails that is responsible for the psychological problem among the prisoners.”

Gyan Ranjan Mohapatra, OP

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