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Why State Owes An Undertrial At Every Remand Hearing And Has Owed Since 2018.
['Shweta Chaturvedi']
Supreme Court - High Court - Legal Breaking News | Live Law India
Paragraph 31 does not say students have a right to mental health, it says mental health is integral to Article 21 itself.
The declaration in paragraph 31 is of the same character: general, prospective, and available to anyone whose Article 21 right to mental health is engaged.
Twenty-five States and Union Territories had not sanctioned a single mental health post, including Uttar Pradesh, Bihar, and Madhya Pradesh, which together hold over 40 per cent of the national undertrial population.
Arun ordered the State to urgently establish a mental health institution in at least one jail under Section 103(6), constitute Mental Health Review Boards, and share information on remand prisoners with mental illness with KELSA.
A remand magistrate has the power to remand a person into custody, but does not run the prison and cannot ensure that the Section 103 duty is fulfilled.