BENGALURU: To safeguard the rights of prisoners with mental illness, the state government has issued detailed procedures for their transfer from prisons to mental health facilities. The guidelines, which were released on July 10, are based on the 2024 recommendations of a committee chaired by the Health Commissioner, formed under Section 103 of the Mental Health Care Act, 2017. The government has now formally adopted these recommendations.
The prison medical officer must document the medical necessity for transfer and the prison superintendent must be informed immediately. The receiving mental health facility should also be notified in advance. Female prisoners must always be escorted by a lady police officer. Use of handcuffs is strictly prohibited, unless absolutely necessary and legally justified. A medical staff member must accompany the prisoner. The vehicle must carry emergency psychiatric medications.
During the journey, prisoners must be under constant observation. Staff should use verbal de-escalation as the first response to agitation. Medication or physical restraint may only be used only as a last resort and must be fully documented, adhering to legal safeguards.
Upon arrival at the mental health facility, the prisoner must be examined by a medical team at the earliest. If the individual requires admission, the decision must be formally recorded and reported.
When the prisoner is ready for discharge, procedures as per the laws must be followed. All prison officials, medical officers, and psychiatrists are also required to seek prior approval from the Mental Health Review Board before initiating any transfer.