“Jails and prisons are designed to break human beings, to convert the population into specimens in a zoo – obedient to our keepers, but dangerous to each other” – Angela Davis
In the movie “The Shawshank Redemption” we witness the character Brooks, who is released after a long prison term, struggle to adapt to the transformed external world, and ultimately commits suicide after writing “Brooks was here.” In contrast, the character Red overcomes the same difficulties and writes “So was Red,” demonstrating his successful transition into life. In Mr. Venu’s film “Munnariyippu”, we witness Mammootty’s character facing difficulties in the outside world, resulting in him committing another crime and returning to prison. The effects of long-term imprisonment and the resulting insecurity and mental state after the release could be discerned from these two movies. Often, and in general, we perceive prisons as pleasant retreats. However, these prisoners experience significant mental torment and face challenging circumstances both inside and outside the prison, even after the release. These challenges and torments are not just personal. They constitute social issues as well.
We frequently discuss the human rights violations faced by people incarcerated in prisons. But do we ever think about their mental health and the psychological torment they endure? If a person with mental health issues is imprisoned, or if a person develops mental health issues while being imprisoned, how is it addressed in the confines of prisons which are the direct reflections of a society where mental health issues are profoundly stigmatised? What are the different facets of this issue? What are the problems that are faced by a prisoner? This is an area that is often overlooked in discussions.
As a person who went to jail while under medication for severe depression, as someone who was in police/NIA custody for 17 days in this condition, and as someone who had to undergo 44 days of what was similar to continuous solitary confinement under the guise of quarantine during a 10-month prison term, it can be said that it was akin to falling out of the pan into the flames. For someone with poor mental health, prison is hell. It is with such inadequacy that the State deals with the subject of mental health. that’s how badly the state handles mental health. The prison reflects the most archaic and distorted state of society’s attitude toward mental health where a person is labelled ‘insane’ for merely consulting a psychologist. (Let me continue by emphasizing that the plight of those who endure mental turmoil outside of prison is in no way slighted and that what I experienced in prison might have been minimal compared to many others.)
In addition to existing psychological hardships, the psychological distress caused by the torment faced in prison, and the subsequent harassment and insecurity upon release can severely impact an individual. Neither our government nor the academic community has adequately studied or addressed this issue. In my review of this topic, I have found that substantial research has been undertaken primarily in European countries and the United States*(1). In India, it is institutions such as NIMHANS (National Institute of Mental Health and Neuro Sciences) (*2) that conduct some research and suggest additional mental health care measures, albeit on a limited scale. No such studies or resources have been found in Kerala or in Malayalam. It was only after the COVID-19 pandemic that even a small amount of attention has been given to this issue by courts.
In general, the system does not view mental health issues in the same way as physical health issues. As a result, even now, only the “most severe” mental health problems receive legal consideration. Whether it is the Indian Prison Act, the Mental Health Act, or the Prison Rules existing in the states, the “not-so-severe ones” receive only minimal consideration. It is often only when one becomes ‘insane’ that the treatment is even possible. The current legal framework limits treatments such as therapies as well. It is these limitations that the courts are attempting to address by advocating for more mental health centres for prisoners (*3).
The first thing that happens to a prisoner upon entering jail is the loss of their identity. The prisoner’s identity is reduced from a name to a number, and addresses such as ‘Eda’. If they are imprisoned for a crime they did not commit, the internal conflict will certainly be greater. This is exacerbated and doubled when it is coupled with the treatment they receive from the system. When issues like insomnia, tension, and isolation arise, instead of providing proper medication or therapy, it is customary to prescribe the drug Quetiapine for everything, much like how paracetamol is given for every ailment at local health centres.
Prisons generally have poor-quality food, inadequate housing, and substandard toilet facilities. The mosquito infestation is severe, a single mosquito coil becomes insufficient for a night’s sleep. Mosquito nets are not provided citing security concerns as the reason. For example, in the Bhima Koregaon case, the prison authorities seized Sagar Gorkhe’s mosquito net, citing a ”security issue.” In cells that are supposed to hold two or three people, there would sometimes be four or five people, leading to conditions where there is no space to even turn around or lie down comfortably. Given these conditions, how can one sleep peacefully? The Prison’s department and the government together have created a public perception in society that the prisoners are comfortable and well cared for in the jail and there is an abundance of food including mutton and chicken. However, there have been experiences of not getting enough food, rotten fish, watery curries and bone-only mutton. For example, in Kozhikode District Jail, there were only about less than six toilets for 30 to 40 people to use for their morning routines. Conditions where one cannot properly eat, sleep, or carry out basic functions. Complaints about these issues are often met with either a dismissive response suggesting that it’s a matter of generosity, or with retaliatory actions against the complainant. All of this is done as a part of the domestication of the prisoner, it is also part of a broader system of multi-level exploitation and abuse of power.
In general, the conditions in district jails in Kerala are very poor. Many people are crammed into limited spaces. The truth is that prison authorities do not take seriously the fact that such unfavourable conditions could further complicate the situation of those with depression and other mental problems. They do not consider that these conditions could also seriously affect the mental health of even normal prisoners. A 2014 study by the NHRC (National Human Rights Commission) states that a person in jail is 1.5 times more likely to commit suicide than someone outside *(2). All psychological issues are recognized as problems only after reaching a certain stage. Conditions like schizophrenia are only addressed when they escalate to the point of attacks, at which point the person is taken to a hospital and injected with medicines. In prison, they are isolated, and this solitary confinement exacerbates the issues. The individual is treated without any humane considerations because they are problematic. Such unscientific and impractical treatment of mental problems does not lead to the rehabilitation or reformation of prisoners that the state essentially promotes. When compared with studies conducted in America and Europe, the conditions of the jails in Kerala and India are very much similar.
As per the data of the National Crime Records Bureau, over 80% of prisoners under trial in jails are tribals, Muslims, and Dalits, indicating that there is a significant level of targeting of such groups outside of prisons. It creates severe trauma when it continues in an environment such as that of the prison. The system that prevails in jails, even today, is that of a colonial feudal caste system. In the same way that the American government used jails to oppress Black people, India used jails to suppress Adivasi, Dalit, Muslim minorities, and other political prisoners. We must understand that fascism is not just about physical extermination but also involves psychological assaults. It can be noted not only as being against political activists but also as against an entire class of people.
Many examples could be observed in Kerala itself, where political prisoners are denied books and their educational needs are delayed in an attempt to break them mentally.
Angela Davis, a communist, and a leader of the Prison -Abolition Movement and Black rights who had conducted many substantial studies on prisons fought for prison rights after being released from her long-term imprisonment. She explains the extent of inhumanity in the existing system of prisons and that it will never lead to the rehabilitation of a person, rather, it serves as a tool for further oppression of marginalized groups. She also points out that there are social, economic and political reasons behind the incarceration of these individuals, and that only by addressing them can we move towards a radical reformation.
As a political prisoner, my refusal to remain silent in the face of abuse of power by officials and my protests for basic needs such as food and books were the main reasons why I had my medication and treatment stopped after entering jail. If not, there was a constant threat of being locked up in the mental health facility under the pretext of having mental issues whenever I spoke out about legitimate concerns. “Reactors” Pramod, a political activist who protested similarly, was transferred to Kuthiravattom. I was in severe depression. I even threw glasses and plates. The abrupt cessation of medication had a real impact. Without my political awareness, and friends like Thwaha, who understood and stood by me, and without other fellow prisoners, I would have certainly committed suicide.
Even after getting out of jail, I had to face severe isolation and insecurity. Although I overcame the psychological conflicts, I had to deal with many more preconceptions. The reason for surviving these situations and still living today is because of my political awareness, that what I faced was not just a personal persecution, rather it is only a part of the persecution faced by many people. However, for those without social or political support, are often subjected to agonising mental torment both inside and outside the jail.
The mental struggles faced by people both inside and outside the prison are not just due to personal reasons but also have social, political, and economic dimensions to it. The existing systems are not equipped and are inadequate to address these issues as well. Along with fighting to understand and resolve such inequalities, let us strive to listen to and treat those facing mental difficulties with compassion. I hope that the authorities will attempt to address the conditions in the prisons.
The following are some suggestions to address these issues in prisons:
1. The Department of Prisons and the government are required to undertake a thorough evaluation of the effectiveness of the current prison system in rehabilitating individuals who have been incarcerated for extended periods. Furthermore, it is essential to revise the existing laws as required. Additionally, an assessment of the practical applicability of Reformation Theory is necessary.
2. The physical conditions within the prison require improvement. Facilities such as food, bedding, and sanitation should be upgraded to ensure better amenities and cleanliness.
3. More mental health professionals need to be appointed to treat those facing mental health challenges.
4. Increased attention must be given to the mental health of both prisoners and personnels. The conduct of personnels towards prisoners should be improved, and additional training sessions and awareness programs should be implemented.
5. Adopt a firm stance against discrimination based on religion, race, caste, color, and gender.
6. End discrimination against prisoners from marginalized communities such as the Adivasis, Dalits, and Muslims, and ensure their constitutional rights are upheld.
7. Grant a special Legal Status to political prisoners in prison laws.
Allan Shuaib was charged under UAPA and incarcerated for 10 months by the Kerala Government. He is on bail, the trial is currently underway.
Translated from Malayalam by Sneha Prasad
