In BAIL APPLN. 2093/2023-DEL HC- To neglect medical well-being of prisoners is to deny them a fundamental right to life: Delhi HC passes slew of directions to ensure that health care requirements of prison inmates are met & adequate medical infrastructure is maintained in jail premises
Justice Swarana Kanta Sharma [22-12-2023]

Read Order: MR. AMANDEEP SINGH DHALL v. DIRECTORATE OF ENFORCEMENT

Tulip Kanth

New Delhi, December 28, 2023: Considering the fact that no immediate arrangement could be made by the jail dispensary for ensuring appropriate medical care of an accused under the PMLA, the Delhi High Court has allowed his request to get the required physiotherapy treatment at the Safdarjung Hospital.

The single-judge Bench of Justice Swarana Kanta Sharma observed that every prison inmate, regardless of the fact that such person is an accused or convict, possesses an inherent right to life and humane treatment. This includes the right to receive medical care that addresses his health needs and prevents unnecessary suffering.

The PMLA accused (Applicant) had filed applications under Sections 439 & 482 of the Code of Criminal Procedure, 1973 with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA Act) seeking grant of interim bail for a period of twelve weeks on medical grounds.

It was the applicant’s case that he was not being provided proper and appropriate treatment in terms of post-epidural care in the prison premises, and thus, the he prayed to be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi.

After considering the medical history of the applicant and the medical status report filed on record, the Bench noted that the medical facility at the prison complex wasn’t able to provide appropriate medical care which was required by the applicant in terms of post-epidural care. The dispensary at Central Jail-07 did not have the required medical equipment required for physiotherapy sessions of the applicant, the Bench noted while holding that the medical condition of the applicant was such that if the medical treatment as suggested to the applicant was not provided to him, the same might lead to paralysis of his upper limb.

“To neglect the medical well-being of prisoners is to deny them a fundamental right to life”, the Bench said while also adding that in the eyes of the law, every prison inmate is equal and possesses the basic human right to receive adequate medical care, reinforcing the foundational principles of a legal system which is not only just but also humane.

Next, the Bench dealt with the issue concerning the standard of medical treatment within correctional facilities, shedding light on the alarming inadequacies in the healthcare infrastructure for prison inmates. The Bench was of the opinion that the Courts cannot allow inadequate prison health care system to violate a prisoner’s right to timely and adequate medical health care.

Considering the fact that the medical facilities available at the jail dispensary was not able to provide the medical treatment which is required by the applicant, as adviced by the doctors concerned in terms of post-epidural care after his spinal surgery, the Bench allowed the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. “In case, the required medical care is not available at Safdarjung Hospital, Delhi, the applicant may move a fresh application before this Court for being treated at Indian Spinal Injuries Centre, Vasant Kunj, Delhi”, the Bench added.

Lastly, emphasizing that Government of NCT of Delhi is responsible for the management and maintenance of the prison premises, the Bench also passed the following directions:

a) This Court directs the Secretary (Home), Government of NCT of Delhi, and Secretary, Health and Family Welfare, Government of NCT of Delhi to ensure that the health care requirements of the prison inmates are met and adequate medical infrastructure in the jail premises is maintained for ensuring right of prisoners to appropriate medical care.

b) This Court further directs the concerned doctors Incharge of respective Jail Dispensaries to furnish the list of requirements of adequate medical equipment which is essential for the medical care of the prison inmates, to the concerned Chief Medical Officers.

c) The Chief Medical Officers of all the prisons will submit a weekly report to the Director General, Prisons, who will communicate this report to the Jail Visiting Judicial Officer/Judge concerned regarding inadequacies or urgent requirements in their respective jail hospital/dispensary including the working or non- working condition of the machines and medical equipment and availability of medicines, etc.

d) The weekly report prepared by the Chief Medical Officers of all the prisons will also be sent to Secretary (Home), Government of NCT of Delhi, and Secretary, Health and Family Welfare, Government of NCT of Delhi. The issues so pointed out in the report mentioned above, will be addressed and the necessary supplies, equipments, medicines will be ensured to be provided within two days. The machines/medical equipment if not in order, will be repaired or a substitute will be provided immediately by the State.

e) The Secretary, Health and Family Welfare, Government of NCT of Delhi will constitute a Committee who will be giving suggestions, regarding improving the health care facilities in the prisons and ways to promote equal health care to all prisoners.