Project 39A At National Law University Delhi Releases 'Deathworthy: A Mental Health Perspective Of The Death Penalty'

Building on its pioneering work on the death penalty [ Death Penalty India Report (2016), Matters of Judgment (2017), Death Penalty Sentencing in Trial Courts (2020), Death Penalty Annual Statistics, 2016-20 ], Project 39A's Deathworthy: A Mental Health Perspective of the Death Penalty (Report) delves into the psychosocial realities of persons on death row in India. Spanning five states, the Report interviewed 88 prisoners and 110 families. Deathworthy explores the (a) psychiatric concerns among death row prisoners, (b) intellectual disability among prisoners sentenced to death, and (c) the psychological consequences of being on death row. An overwhelming majority of death row prisoners interviewed (62.2%) had at least one mental illness which is much higher than the community population and also the general prison population figures. Majority of the prisoners were diagnosed with Major Depressive Disorder (MDD), General Anxiety Disorder (GAD) and Substance Use Disorder (SUD). Exposure to adversities has been linked to disturbances in psychological, cognitive, emotional and behavioural development, including later in life. The Report reveals that 82% of the prisoners interviewed experienced three or more adverse childhood experiences and over 60% experienced three or more traumatic life events. It is also the first to inquire into the presence of intellectual disability in a prison population in India. The figures show that around 11% have intellectual disability, these figures are about 20 times higher than the community population. Maitreyi Misra, Lead Author and Head of Mental Health and Criminal Justice at Project 39A said "This Report is a modest exercise in providing an insight into the harsh and often unforgiving life that the prisoners have faced. We often willingly ignore the social realities and surroundings of prisoners sentenced to and living with the death sentence. Through this, we want to highlight the gaps in law and provide insight into the changing relationship between criminal law and mental health, particularly in the context of the death penalty. There is an urgent need to reappreciate facets of the death penalty and engage with these issues in a more nuanced manner."While the discussion on mental health is still at a nascent stage in India, issues of mental health within the prison population especially those on death row are largely understudied. In its foreword, Dr. Pratima Murthy (Director, NIMHANS, Bangalore) and Dr. Sanjeev Jain (Professor of Psychiatry, NIMHANS, Bangalore), tell us about the web that the report attempts to untangle in its study of persons on death row. "While the notion that mental illness is associated with crime is often exaggerated and stigmatizing, the corollary that crime is associated with a higher than general population rate of mental illness has been suspected from centuries. We now understand that a variety of factors contribute to criminal behaviours, and that these factors can all interact in a complex manner to influence how a person thinks, feels or behaves." Methodology The Report adopts a longitudinal view of death row prisoners and spans the life of the prisoners from childhood to their lives on death row. In addition to the qualitative interviews conducted with the prisoners and their families, the study used various psychometric tools (DSM-5 Cross-Cutting Symptom Measure-Adult screener, WHO Assist, Mental State Examination, WAIS-IV) to assess and diagnose mental illnesses, substance use and dependence, cognitive impairment and intellectual disability. Vulnerabilities and Life Experiences Adverse Childhood Experiences (ACE) ACE are interrelated negative experiences coupled with a lack of positive factors in a child's family, community and social environment. The Report looks at childhood abuse, childhood neglect, disturbed family environment, early behavioural problems, early onset of substance use, low educational attainment and peer pressure. Longitudinal studies have found a strong relation between ACE and negative impact on psychological, cognitive, emotional and behavioural development of an individual. Of the 88, 73 grew up in a disturbed family environment and 64 experienced childhood neglect. 18% of the prisoners interviewed had not received any education and 20% of the prisoners had only attained primary education.The Report also finds positive associations with other life experiences like joining the workforce early or consuming substances before turning 18. 35 out of the 46 prisoners who experienced violence and abuse in childhood, also took on adult responsibilities as children. 20 out of the 28 prisoners who had started using substances early in their lives were also subjected to abuse during childhood. The Report stresses that this very complex, inter-related background of vulnerability, is seldom identified or acknowledged. Over 80% of the...

Project 39A At National Law University Delhi Releases 'Deathworthy: A Mental Health Perspective Of The Death Penalty'

LIVELAW NEWS NETWORK

The report reveals a severe mental health crisis among the death row population; figures on mental illness and intellectual disability are alarmingly high.

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