Last week, the Supreme Court, while commuting capital punishment of two persons to a 30-year jail term, made an important observation that the court is duty-bound to prompt all pertinent information concerning the plausibility of the reformation of the convicts before imposing the harshest punishment of death sentence, even if the accused has remained silent.
Also, the court noted that the duty lies on the State to procure evidence to establish that there is no possibility of rehabilitation and reformation of the accused.
Against this backdrop, there is a need to revisit the 'Deathworthy report' released by the National Law University, Delhi’s Project 39A, under the guidance of mental health professional from NIMHANS, Bengaluru.
Over 60% of the prisoners on death row interviewed for the study were found to be enduring mental illness, and the longer they spent in anticipation of their possible execution, the worse their mental health became.
Adverse Childhood Experiences and Mental Toll
The study raises important questions about the treatment inflicted on the prisoners on death row: denial of food and repeated sexual and physical torture.
The report notes the cognitive impairment, marginalisation, and abuse that most convicts agonised before the alleged crimes, much of which courts did not ponder.
Most of the prisoners interviewed for the report had experienced traumatic life experiences and horrific childhood abuse. Many prisoners on the death row come from disturbed family backgrounds.