Prisoners must be provided healthcare by state, says HP High Court

Legal Correspondent

Shimla, May 20

The state authorities are under an obligation to safeguard the right to life, be it related to the right to health of a commoner or a prisoner. This was held by the HP High Court while granting a bail to an accused, who is suffering from Human Immunodeficiency Virus (HIV) and other ancillary health issues.

Cannot be taken away or shrunk

The fundamental right to life, which includes the right to health and healthcare, including the right to live with dignity, cannot be permitted to be either shrunk or taken away, curtailed even in case of a person in custody. — Justice Ranjan Sharma

Passing the order last week, Justice Ranjan Sharma observed: “The fundamental right to life, which includes the right to health and healthcare, including the right to live with dignity, cannot be permitted to be either shrunk or taken away, curtailed even in case of a person who is in custody. Failure on the part of a government hospital to provide the timely medical treatment to a person in need of such treatment results violation of his right to life guaranteed under Article 21 of the Constitution of India, as has been done in the instant case.”

The court further noted that “despite the fact that the Statute and State Prison Manual, 2021, provide safeguards for extending medical facilities, the State Jail Authorities’ failure to implement the Himachal Prison Manual, 2021, is writ large, in the instant case, as no regular Medical Officer is posted in District Jail Kaithu, Shimla. Surprisingly, a visiting doctor is deployed to visit the jail, twice a week, the schedule of which is also by and large at mercy of higher authorities”.

During the course of the hearing of this petition, the officials of District Jail, Kaithu, said against the inmate capacity of 1,83, 254 inmates exists in the prison. Not only this, the medical needs of a prisoner is being addressed by only one pharmacist, which, of course, may have adverse effect, in case of any untoward incident. On this the court, refrained from commenting upon the pathetic conditions of the District Jail, where the petitioner is lodged.

With a view to ensure implementation of prison reforms and to safeguard and preserve the fundamental right of life in terms of Article 21 of the Constitution of India, including health/health care, and to enable the prisoners to live a life with dignity, the court requested the registry to place the matter before the Chief Justice, for considering it to be taken up as PIL.