The Delhi High Court emphasized that prisons must not compromise an inmate's right to prompt medical care due to an insufficient healthcare system. It instructed the city government to maintain adequate medical infrastructure within jails to ensure proper healthcare for inmates.
The high court noted the Delhi government's responsibility for overseeing and maintaining prison facilities within the region. It issued a directive instructing authorities to guarantee the fulfillment of healthcare needs for inmates incarcerated in jails.
The court further mandated the secretary of the Delhi government's health and family welfare department to form a committee. This committee, besides the secretary, will comprise the director general (prisons), the chief medical officer (CMO) of Delhi Prisons, two senior judges from district courts assigned by the principal district and sessions judge (central district), the secretary of the DSLSA (Delhi State Legal Services Authority), and two advocates.
The high court specified that within a month, the committee is expected to provide recommendations aimed at enhancing healthcare facilities within prisons. Its mandate also includes devising strategies to ensure equitable access to healthcare for all incarcerated individuals.
"The committee will also specifically inform the court as to whether facilities are available in the jail hospital to deal with emergency situations such as cardiac arrest, hemorrhage etc. as the first few minutes in such an eventuality are crucial to save the life of a person," Justice Swarana Kanta Sharma said.
The court issued this directive in response to two applications submitted by Amandeep Singh Dhall, a local businessman. He had been apprehended by the CBI and the ED in distinct cases related to purported discrepancies associated with the former Delhi excise policy, which has since been annulled. Dhall, in these applications, requested temporary release on medical grounds for a duration of 12 weeks.
The accused has highlighted that the medical personnel at the jail's hospital were unable to administer the physiotherapy sessions and epidural steroid injection, both of which were recommended by his treating physician following a surgery related to the C3-C4 joints.
The court ordered that the individual be admitted to Safdarjung Hospital, which aligns with the Jail Referral Policy as a referral hospital, for a period of two weeks.
"However, the applicant shall continue to be in the custody of the superintendent of jail concerned, and the jail superintendent concerned shall ensure that appropriate and adequate security is provided or deputed at the hospital since the accused will continue to remain in judicial custody though under treatment in the hospital," the court said.
The high court remarked that the case has unveiled a significant concern regarding the quality of medical care available within Delhi's prisons. It has brought attention to the distressing inadequacies in the healthcare infrastructure specifically designed for inmates, emphasizing the critical need for improvement.
The court highlighted that the report presented by the prison dispensary in this instance has underscored a troubling truth regarding the absence of essential medical facilities, particularly the absence of adequate physiotherapy equipment. This emphasizes the urgent need for such crucial resources within the prison healthcare system.
The court emphasized that the absence of these crucial pieces of equipment not only symbolizes the insufficiency of the medical infrastructure within prisons but also directly impacts the health of inmates who are in need of physiotherapy. This absence directly affects their well-being and recovery.
The court asserted that even during incarceration, a citizen's fundamental right to healthcare remains intact and should not be relinquished to the State. It emphasized that prisoners, as human beings, retain undeniable human rights that must be recognized and upheld by every court of law and the State itself.
The court recognized the limitations faced by jail authorities and the State in providing every type of advanced medical equipment within the prison medical infrastructure to cater to specific prisoner needs. However, it directed that despite these constraints, a high achievable standard of healthcare should be guaranteed within the prison system.
Additionally, the court directed the doctors overseeing jail dispensaries to provide the Chief Medical Officers (CMOs) with a comprehensive list of essential medical equipment necessary for the medical care of inmates within the prison facilities.
The policy was put into effect by the Delhi government on November 17, 2021. However, it was revoked by the end of September 2022 following allegations of corruption. Notably, former Delhi Deputy Chief Minister Manish Sisodia is also implicated in this case.
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