The Delhi High Court has issued a directive to the Delhi government, emphasizing the need for proper medical infrastructure in prisons. This order comes in response to the inadequate healthcare facilities in jails, which the Court noted could violate an inmate’s right to timely medical care. The decision underscores the fundamental right to life and health care, which remains intact even during incarceration.
Justice Swarana Kanta Sharma, presiding over the case, addressed a plea moved by Amandeep Singh Dhall, director of Brindco Sales Private Limited. Dhall, who is under investigation by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in connection with the now-scrapped Delhi excise policy, sought interim bail on medical grounds for 12 weeks.
In its December 22 order, the Court highlighted the “critical issue” concerning the standard of medical treatment within correctional facilities and the “alarming inadequacies” in healthcare infrastructure for prison inmates. Justice Sharma remarked,
“The report submitted by the prison dispensary in the present case points to a distressing reality– the lack of proper medical care facilities, i.e., physiotherapy equipment. The absence of these essential equipments not only signifies lack of adequate medical infrastructure in the prisons, but also the direct repercussion of the same on the health of the inmates requiring physiotherapy etc.”
To address these concerns, the High Court directed the Delhi government’s health and family welfare secretary to constitute a committee. This committee is tasked with informing the Court about the facilities available in jail hospitals to handle emergencies like cardiac arrest and haemorrhages. The Court observed,
“The committee will also specifically inform the court as to whether facilities are available in the jail hospital to deal with emergency situations such as cardiac arrest and haemorrhage as the first few minutes in such an eventuality are crucial to save the life of a person.”
The Court also underscored that denying prisoners access to necessary medical care could lead to preventable suffering and, in extreme cases, loss of life. Justice Sharma emphasized,
“This neglect not only undermines the principles of justice but also challenges the moral foundation of a society that values the dignity and worth of every human being even if, he is a prisoner…In this court’s opinion, in cases of a convicted prisoner, contracting a disease or his health deteriorating and him being not extended health care is not part of his sentence.”
In Dhall’s case, the Court noted that the medical facility at the prison complex was not able to provide appropriate medical care required in terms of post-epidural care. Consequently, the Court directed that Dhall be admitted to Safdarjung Hospital for two weeks, while still in the custody of the concerned superintendent of jail.
This ruling by the Delhi High Court is a significant step towards ensuring that the basic rights of prisoners to healthcare are upheld, highlighting the need for adequate medical facilities and care within the prison system.
