"Prisoners Also Humans; Consider Establishing One PHC Per Jail To Treat Heart, Kidney, Liver Diseases": MP High Court To Govt

The Madhya Pradesh High Court recently advised the State Government to ensure that at least one primary health center should be established in jail campus having facilities to treat the ailments relating to heart, kidney, liver, etc.

The Bench of Justice Sheel Nagu and Justice Rajeev Kumar Shrivastava has also asked the State to ensure that Specialist/Experts relating to aforesaid various ailments be provided in such primary health center to the prisoners.

Referring to the Apex Court's ruling in the case of Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar [AIR 1979 SC 1369], the court also underscored that prisoners are also human beings and that their human rights are required to be safeguarded.

"Under the Constitution of India, the role of the judiciary in protecting the rights of the prisoners has been specified and the judiciary has an obligation and a constitutional role to protect human rights of the citizen as per the mandate of the Constitution," the Court further added.

The Court observed thus while dealing with a plea for suspension of sentence of a 65-year-old murder convict (already out on interim bail), on the ground that he suffering from a heart ailment and taking regular treatment but his condition is not good and needs further regular treatment. 

Extending the period of interim bail granted to him vide order dated 11/6/2021 for another 90 days (Ninety Days), the court noted that various applications/petitions are being filed by mentioning the grounds of medical treatment for release of the prisoners.

"Whenever such grounds are raised, the Courts are required to consider the applications/petitions only on the ground of ailment of the prisoners. It is also seen that some doctors are deputed for the health care of the prisoners. The ratio of deputed doctors is very low. The primary health care facilities are not available in jail dispensaries. Effective/secured transport system for transporting the prisoners for treatment is also not available in jail," the Court highlighted.

Therefore, advising the State Government to ensure that prisoners are provided with primary health services by keeping their records up-to date, the Court directed the state counsel to submit a detailed report with regard to medical facilities available in jail.

With this, the matter was listed in the 1st week of October, 2021.

Case title - Lalji Singh & Anr. Vs. The State of M.P.

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