The Madras High Court recently reaffirmed that every prisoner has the right to regular medical checkups, which forms a part of the fundamental rights guaranteed under Article 21 of the Indian Constitution. The ruling underscores the State’s responsibility to ensure the health and welfare of inmates.
Prisoners’ Health is a Fundamental Right
A bench comprising Justice G.R. Swaminathan and Justice R. Kalaimathi observed that prisoners are under the care and custody of the State and the prison authorities. As such, they are entitled to appropriate health measures, including periodic medical assessments, particularly for inmates with special disabilities or chronic illnesses.
The court stated, “A prisoner is also a person. They are entirely in the care, custody, and control of the prison authorities. The authorities must accommodate the special needs of prisoners with disabilities.”
Directives for Palayamkottai Central Prison
The High Court directed the Superintendent of Palayamkottai Prison to conduct a comprehensive health checkup for all inmates every two years. This comes in light of a petition filed by Kalaiselvi on behalf of her father, who is serving a life sentence and recently underwent a leg amputation due to diabetes.
The court emphasized that early diagnosis and timely medical intervention could prevent severe complications, highlighting that proper care might have averted the amputation.
Enhanced Facilities for Prisoners
In addition to periodic health assessments, the court instructed the prison authorities to provide the petitioner’s father with:
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A cot and table for personal items
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Access to a western-style toilet
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Counselling and rehabilitation activities
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Regular medical checkups, especially to monitor post-amputation health risks such as ulcers
Focus on Diabetes Care
Recognizing the rising prevalence of diabetes among the general population, the High Court also directed the Dean of Government Medical College and Hospital, Tirunelveli, to conduct medical camps within the prison. These camps will identify inmates requiring special dietary interventions and medical care for diabetes.
Model Prison Standards
The court encouraged the Superintendent of Palayamkottai Prison to draw inspiration from exemplary facilities like Tihar Jail under Kiran Bedi’s leadership, ensuring that the prison serves as a model for respecting the rights of inmates with disabilities.
Prison Leave Approved
The High Court granted the petitioner’s father 28 days of ordinary leave without escort, with instructions to report to the Inspector of Police every Thursday during the leave period.
This ruling reinforces that prisoners’ health and dignity are integral to the State’s obligation under Article 21, ensuring humane treatment and equitable access to medical care for all inmates.
