MEDICAL FACILITIES IN PRISONS IN INDIA: A NEED FOR REFORMS

Harinie S.

B.A. LL.B, Batch 2018-23

The right to health is a fundamental right; this equally applies to prisoners. This means that the
officials are duty-bound to give the best possible medical facilities to the prisoners in their

respective jurisdictions. It is quite clear the Indian prisons lack in providing the medical facilities
required for various health complications that can arise. According to the prison statistics
released by the NCRB in 2019 , 1,775 prisoners died in judicial custody. Further, out of the
number of natural deaths, 406 prisoners had died due to heart illness and many more ailments
that arise out of complications. These complications can be prevented by providing functioning
medical facilities. This article will discuss the state of medical facilities in India by looking at the
Stan Swamy cases and other such cases. The article will also suggest some reforms to the
existing system.

The Stan Swamy Case
Stan Swamy, a tribal activist, was arrested in the Bhima Koregaon case and was imprisoned in
the Taloja jail. During the outbreak of the second wave of Covid-19, Stan Swamy fell ill and was
allegedly treated by an Ayurvedic doctor. Stan Swamy already had a history of Parkinson
disease, adding to Covid-19. He was later shifted to the hospital after the Bombay High Court
passed necessary orders. Upon his death, his lawyers had approached the NHRC to look into the
matter alleging medical negligence. This was also when reports came out regarding how the jail
was housing over its capacity, making it impossible to follow Covid-19 protocols. This case is
one of the most recent indicators of the lack of necessary medical facilities. It also highlights the
requirement of urgent reforms given that Covid-19 has not been completely controlled.

Judicial Discussion
The Supreme Court has, in several instances, affirmed the prisoner’s right to health. In 2016, the
Supreme Court in Re-Inhuman Conditions in 1382 prisoners had passed several guidelines to
ensure the mental and physical well-being of the prisoners. The Gujarat High Court in
RasikbhaiRamsing Rana, etc. vs. the State of Gujarat , convicted the officers in charge for failing
to provide timely medical treatment to the prisoners. In this case, the prisoners (petitioners) were
suffering from a severe illness but were not given timely treatment due to the absence of jail escorts who were supposed to take the prisoners to hospitals. The same court in another case ordered that all central and district jails must be equipped with sufficient infrastructure, including pathology labs and ICCUs.

The issues
Several studies have been carried out in jails in various states. All of the problems have started as
a result of the overcrowding of prisons. The Supreme Court noted the same in Re: Contagion of
Covid-19 virus in prisons with the onset pandemic. The court passed several guidelines to
ensure that prisons were decongested to maintain social distance and prevent the spread of the
virus. A year after the guidelines were given, a fresh petition was filed in the Supreme Court in
May 2021, alleging that the authorities failed to follow the former guidelines.

The second problem that is commonly seen is the lack of required staff. When prisoners fall sick,
the common practice is to transfer them to hospitals when required with the help of jail escorts.
The lack of the necessary number of jail escorts has also formed a massive part of the problems.
As already highlighted, prisoners’ lives have been put at stake due to the absence of jail escorts.

The third problem is the lack of necessary medical equipment and doctors within the jail. Most
of the prisons across the country do not have the required funds to set up extensive care units
that could potentially save prisoners’ lives. Though most of the jail manuals across the country
impose obligations on the judicial officers to provide essential services, the same is not done.

Reforms

The first reform that could be brought about is to decongest the prisons systematically. Despite
passing orders, the same have not been followed. Hence, the respective State Governments have
to take responsibility and ensure that the jails are decongested, and all also plan on building new
prisons. The second step that has to be taken is to increase the prison staff. This should include
hiring more jail escorts and expert doctors who will be posted in prison to help ailing patients.
This should also be done by the State Governments to ensure proper implementation and
accountability. The third and final reform that can be brought about is ensuring that all jails have
sufficient medical equipment to help the patient in times of emergencies. This also requires the
allocation of more funds towards health within prisons. All these reforms must be brought about
to ensure that the fundamental rights of every prisoner are honoured.

REFERENCES

-Prison Statistics India, 2019, National Crime Records Bureau, https://ncrb.gov.in/sites/default/files/PSI-2019-27-
08-2020.pdf 177.

-Sukanya Shantha, Elgar Parishad Accused Could Soon Be Separated, Moved to Different Prisons Across
Maharashtra, The Wire (Jun. 29, 2021) https://thewire.in/rights/elgar-parishad-taloja-jail-prison-maharashtra

-Re-Inhuman Conditions in 1382, WP(C) 406/2013.

-RasikbhaiRamsing Rana and etc. vs State of Gujarat, 1999 Cri LJ 1975.

-Suo Motu vs State of Gujarat, (2005) 3 GLR 2088

-Re: Contagion of Covid-19 virus in prison, Suo Motu Writ Petition (C) No. 1/2020

-PTI, Covid-19: Plea in SC for fresh guidelines on decongestion of prisons, Times of India (May 27, 2021)
https://timesofindia.indiatimes.com/india/covid-19-plea-in-sc-for-fresh-guidelines-on-decongestion-of
prisons/articleshow/83009272.cms

-SS Chary, Dearth of escort cops poses problem to shift jail inmates to hospital in Rajamahendravaram, The Hans
India (Jul. 24, 2019) https://www.thehansindia.com/andhra-pradesh/dearth-of-escort-cops-poses-problem-to-shift-
jail-inmates-to-hospital-in-rajamahendravaram-549113

-Neetu Chandra, Shortage of medical staff puts Indian prisoners at high risk of covid-19, The Mint (Jul. 20, 2020)
https://www.livemint.com/news/india/shortage-of-medical-staff-puts-indian-prisoners-at-high-risk-of-covid-19-
11595248789662.html