Mentally ill undertrial prisoners can now hope for some respite thanks to a recent Supreme Court ruling. The apex court has ordered the release of undertrials languishing in mental hospitals for years if their confinement exceeded the maximum period of sentence they would have undergone if convicted. The fate of mentally ill undertrials is indeed pathetic. Trial courts cannot proceed with their case as they are mentally unfit to face trial. Hence, they end up in confinement for periods far in excess of the sentence they would have served out had they actually been tried and convicted. The court has drawn attention to the plight of 377 mentally ill undertrials, who have been in custody for very long periods although their crimes were rather minor. The Supreme Court order provides these undertrials with a ray of hope. To ensure that mentally ill undertrials are not forgotten by the courts the apex court has ordered trial courts to monitor the condition of mentally ill undertrials. It has called on medical officers of the concerned hospitals to send reports to the trial court every three months stating whether the ill undertrial is in a position to be tried or not. Besides, the court will have to demand a report from the hospital every three months.

In 2005, the National Human Rights Commission (NHRC) drew attention to the terrible injustice done to a mentally ill Assamese undertrial, Machung Lalung. Lalung was arrested way back in 1951 for a petty crime and was confined without ever facing trial for 54 years. Lalung was in police custody initially, then he was found to be mentally ill and sent to a hospital. In 1967 he was declared mentally fit to face trial but then, the police could not find the FIR. And so Lalung remained imprisoned in hospital until the NHRC intervened and secured his release. There are many like Lalung in this country. The Supreme Court order could now end their endless imprisonment.

The Supreme Court has finally acted to address the plight of mentally ill undertrials. It must take this ruling to its logical conclusion by addressing the larger issue i.e. the plight of over 200,000 undertrials who are languishing in jails, waiting for their cases to come up for trial. Fast track courts are not delivering justice fast enough. There is a need for more effective measures to speed up the delivery of justice.