The Madurai Bench of the Madras High Court ruled that prisoners have an Article 21 right to periodic medical check-ups and medically appropriate diets. The Court said renal or diabetic inmates must receive food matching their health needs.
The Madurai Bench of the Madras High Court delivered its judgment on a petition filed by Kalaiselvi, who had asked for 28 days of ordinary leave without escort for her father Murugesan.
He is a 67-year-old life convict lodged in the Palayamkottai Central Prison and has already spent more than six years behind bars. Murugesan had his right leg amputated on October 10, 2025 due to diabetes-related complications such as major ulceration and vein damage.
In an important observation, the Court held that regular medical examination is part of an inmate’s fundamental rights.
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It said,
“We hold that every prisoner has a right to have a periodical medical check up which would fall within the scope of Article 21 of the Constitution of India.”
The judges also underlined how essential periodic screenings are for identifying health issues inside prisons, noting,
“Such check ups alone will indicate who is suffering from what condition.”
The Bench pointed out that the prisoner in this case had suffered the amputation while being in custody. Referring to this, it stated,
“We are of the opinion that if only his condition had been diagnosed well in advance and there had been suitable medical intervention and providing of appropriate diet, such a fate would not have befallen him at all.”
The Court made it clear that the State has a responsibility towards inmates with disabilities.
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It observed,
“A prisoner is also a person. He is entirely in the care, custody and control of the prison authorities. They therefore have to assume the duty to be reasonably accommodative towards the special needs of prisoners with disability.”
It further clarified that such duties are enforceable in law, adding,
“This duty can be enforced by individual prisoners with disability by filing writ proceedings. They can demand that they should be provided with the required facilities.”
During the hearing, the Court also referred to relevant Supreme Court rulings, including L Muruganantham v. State of Tamil Nadu and Sathyan Naravoor v. Union of India, and directed that the instructions issued in those matters must be immediately implemented to the extent useful for the present case.
The Bench further stressed the need for systematic medical screening inside jails.
Issuing a clear direction, it said,
“Since an early diagnosis can prevent calamities such as amputation, we direct the Superintendent of Central Prison, Palayamkottai to hold a master health check up for all the prisoners once in two years.”
The Court also highlighted that every inmate has different dietary needs and should not be given food unsuitable for their health.
It remarked,
“Merely because one is a prisoner, one cannot be given a diet that is unsuitable for his body condition. Otherwise, one’s condition is bound to deteriorate.”
To improve healthcare support, the Court ordered the Dean of Government Medical College Hospital, Tirunelveli to organise a medical camp to identify diabetic prisoners and provide medicines and insulin wherever necessary.
Special directions were also given for Murugesan’s needs as an amputee. These include providing a cot, a table, proper toilet facilities, counselling support, regular medical monitoring, suitable assistive devices, and ensuring that he stays in an accessible block with the help of another inmate if needed.
The Bench also expressed hope for better prison management, recalling past examples of effective reforms.
It said,
“Tihar jail had a Kiran Bedi for a brief while and her tenure did make a difference. We hope the current incumbent Superintendent of Palayamkottai Central Prison would take her as a role model and ensure that Central Prison, Palayamkottai is a model prison when it comes to respecting the rights of prisoners with disabilities.”
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Finally, the Court granted Murugesan 28 days of ordinary leave without escort from February 28 to March 27.
During this period, he must report once a week to the SIPCOT Police Station in Thoothukudi district and follow all rules under the Jail Manual.
In the case, the petitioner was represented by advocate SM Mohamed Yunnis Raja, while the State was represented by advocates R Alagumani and T Senthil Kumar.
Case Title: Kalai Selvi Vs State of Tamil Nadu