Do Prisoners Have Right To Choose Medicinal System For Treatment? Rajasthan High Court To Consider In Plea Filed By Aasaram Bapu's Son

The writ petition filed by his son stresses on the fundamental right of prisoners under Article 21 of the Constitution to avail of efficacious medical treatment. It raises the following questions for the Court's consideration:

1. Whether the fundamental right of a person to be medically treated under Article 21 of the Constitution encompasses within itself the right of a Prisoner to undergo treatment under such a medicinal system, out of the various systems of medicines Allopathy, Ayurveda, Homeopathy etc recognized by the State, as he desires or is hopeful of improving his health?

2. Whether the State's action of compelling a Prisoner to undergo medical treatment under such a system of medicines as is expressly denied by the Prisoner or which is different from the one opted or desired by the Prisoner is in derogation of Article 14 of the Constitution?

3. Whether the right to life and health of a Prisoner under Article 21 of the Constitution of India is not breached by the State when it denies to the Prisoner his choice of the system of medicines as also treatment by and under the guidance of an expert medical practitioner of his choice in a situation where the treatment administered by the State on the Prisoner is not improving his health condition but his health continues to deteriorate?

A Single Bench of Justice Arun Bhansali has fixed the case for hearing on May 18.

Asaram Bapu was apprehended by the Police in September 2013 and was sentenced to life imprisonment by a Jodhpur court in connection to a sexual assault case.

The instant petition has been filed by his son, alleging that the health conditions of Asaram Bapu has been deteriorating over the past three years of judicial custody due to inappropriate and inefficient medical treatment being offered to him by the prison authorities.

"The treatment being administered on Petitioner No. 1's father at the instance of the Prison Administration has not been able to restrict the progression of the medical conditions but his father 1s developing more life endangering ailments primarily for want of appropriate and efficacious medical treatment," the plea states.

It is stated that for more than 7 decades of his life prior to arrest, Asaram Bapu had availed of Ayurveda and other alternative medicinal systems and resultantly, his body had long back become accustomed to Ayurveda.

Thus, it is argued that denial of Ayurveda medical treatment to Asaram Bapu by the prison authorities is violative of his fundamental rights under Article 14 and 21 of the Constitution.

"Right to health essentially includes the right to be healthy and right to be medically treatment. The right to be medically treated cannot be reduced to a mere formality and its enforcement has to be solely for the purpose of betterment in the health of the person.

The right to choose a medicinal system for treatment is an inseparable part of the fundamental right to medical treatment under Article 21 of the Constitution of India. Prisoners, be they undertrial or convict, are no exception to this fundamental and constitutional right to choose a system of medicine according to which they would like to be treatment.

It cannot be permissible for the State to enforce its choice of medicinal system on any Prisoner even in a situation where treatment under such a system of medicine as is opted by the Prisoner out of the systems of medicine recognized by the State is not available for any reason which is not attributable to the Prisoner," the plea states.

Case Title: Narayan Sai v. State Of Rajasthan

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