Prisoners as the Forgotten Patients: A Rights-Based Argument for Psychotherapy in Indian Prisons

Abstract This paper highlights the forgotten mental health crisis inside Indian prisons. While thousands of inmates suffer from psychological distress, ranging from trauma to depression to violent outbursts, there is no formal system for psychotherapy in most jails. This silence is not just a public health failure; it violates the Indian Constitution, especially Article 21, which guarantees the right to life and dignity. The paper argues that denying psychotherapy to prisoners is a form of institutional violence, and it contradicts both national laws like the Mental Healthcare Act, 2017 and international agreements such as the United Nations Nelson Mandela Rules. Using real-life examples, legal precedents and government reports, the study shows that prisoners are being psychologically punished rather than reformed. The paper calls for urgent reforms, starting with mental health screening at admission, tele-therapy partnerships with institutions like the National Institute of Mental Health and Neurosciences (NIMHANS) and the recognition of therapy as a basic legal right in the prison system. This work fills a major research gap by framing psychotherapy in prisons not as a welfare option but as a constitutional and human rights obligation, an argument rarely made in Indian academic or policy literature.