International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 6
November-December 2026

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Beyond Incarceration: A Constitutional Examination of Mental Healthcare and the Rights of Mentally Ill Prisoners in India

Author(s) Ms. Chinmayee Das, Mr. Yogendra Singh
Country India
Abstract All people have a basic human right to receive best mental health care available and be treated with humanity and respect. The Constitution of India under part III guarantees to every citizen equal rights without any discrimination. Thus there shall not be any kind of discrimination on the grounds of mental illness. All people with mental illness have the same rights to medical and social care as others. The Mental Health Care Act, 2017 states that the inmates with unsound state of mind are in immediate need of mental health care services and denial of same is the violation of their fundamental right. The prisoners are not aware of their rights and even most of the under trial prisoners remain in custody because of unawareness of their right under the Indian Penal Code (IPC) which provides defense against criminal proceedings to such accused under its Section 84 that says “Nothing is an offence which is done by a person who, at the time of doing it, by the reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” The author is trying to study the constitutional rights of the mentally ill inmates and the related issues.
Keywords Inmates, mentally Ill, Unsoundness, constitutional rights, human rights.
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 6, November-December 2026
Published On 2026-11-03
DOI https://doi.org/10.36948/ijfmr.2026.v08i06.91239
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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