HC affirms prisoners’ right to health, grants interim bail on medical grounds

Reaffirming that incarceration does not strip a prisoner of the fundamental right to health, the Punjab and Haryana High Court has held that access to quality medical care is an “inalienable, non-negotiable” facet of Article 21 of the Constitution.

“This court cannot overlook the fundamental principle that every prison inmate, whether an under trial or a convict retains the inherent right to life and humane treatment, which necessarily includes access to medical care that adequately addresses their health needs and prevents unnecessary suffering,” Justice Sandeep Moudgil observed.

The court added that incarceration did not strip an individual of fundamental right to life, which encompassed the right to receive appropriate healthcare. “Like any other member of society, prisoners may suffer from various health conditions, whether pre-existing or arising during their imprisonment. The denial of essential medical treatment not only worsens their condition but may also lead to avoidable suffering and, in severe cases, even result in loss of life,” Justice Moudgil asserted.

Referring to the facts of the case, the court went on to hold: “The petitioner’s medical condition is of such a nature that failure to provide appropriate and quality medical treatment would pose a serious risk to his life, thereby infringing upon his fundamental rights under Article 21 of the Constitution of India which encompasses within its ambit the ‘Right to Health and Medical Care’, a right that is inalienable, non-negotiable, and cannot be denied.”

Adopting a “humanitarian approach”, the bench alluded to the link between medical rights and the larger philosophy of bail by asserting: “Bail, after all, is a solemn affirmation of the humane foundations of the justice system and must extend even to under trial prisoners who have been awaiting trial for an extended period.”

The ruling came in a case where the court allowed interim bail to an ailing under trial for four weeks. “Keeping in view human consideration, the well-recognised fundamental rights of the under trial to have

quality medical aid for serious ailments suffered by him and inadequate facilities in Jail Hospital, Ludhiana, with respect to the seriousness of the medical treatment required by the petitioner, I am of the opinion that this is a genuine and fit case to grant relief of interim bail to the petitioner,” Justice Moudgil asserted.

The petitioner, in custody since January 28, had contended that he was suffering from heart disease along with other serious ailments, including diabetes and hypertension, and had repeatedly experienced breathlessness during confinement. His counsel had argued that the treatment facilities at the Ludhiana Jail hospital were inadequate to address his deteriorating condition and sought interim bail for one month to enable him to undergo treatment at a private hospital.