Guest Post: Mental Health of Prisoners in India: A Constitutional Analysis

Mental Health of Prisoners in India A Constitutional Analysis

The right to the highest attainable standard of health is a prerequisite for the enjoyment of fundamental human rights. The term ‘health’ encompasses both physical and mental health. WHO defines health as a state of “complete physical, mental and social well-being and not merely the absence of disease or infirmity”.  Mental health may be defined as “a state of well-being in which an individual realizes his or her abilities, can cope with the normal stresses of life, can work productively and can make a contribution to his or her community”. It is more than the mere absence of mental disorders. The discourse on the same is gaining ground, considering the number of mental health cases on a surge. However, prisoners in India have been excluded from the realm of mental health discourse.

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Guest Post: Constitutional Perspective on the Conjugal Rights of Prisoners in India

India, like most nations, uses incarceration as a method of legal punishment for those who transgress the law. Although prisoners are alienated from society, the courts have reiterated on numerous occasions that they are still entitled to enjoy basic rights enshrined in the Constitution. One such right claimed as fundamental to a prisoner’s life and dignity is Conjugal rights. It refers to the “rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage.”

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