Can't deprive prisoners of medical needs'

Perusing a status report relating to health, hygiene and sanitation in prisons, a division bench comprising Justice S Manikumar and Justice Subramonium Prasad said a person cannot be deprived of basic requirements of health and sanitation merely because he or she is a prisoner. “A person’s freedom of movement can be curtailed by the orders of the court. On the aspect of health and sanitation, there cannot be inequality,”the court held, noting the Constitutional and statutory provisions.

The bench in its order also recorded the submission of the Inspector General of Prisons made in the status report that out of the 11 prisoners suffering from mental health, 2 were transferred to civil wards. Of them, the condition of one of the inmates has improved and hence would be transferred back to prison to undergo the remaining portion of thesentence.

However, as per standard operating procedure, instructions have been issued to enable withdrawal of criminal cases registered against persons who suffer from mental health problems and keep them in safe custody in mental health hospitals, to enable the visitors committee to take appropriate decisions on shifting the inmates to civil wards, the report said.

The report also revealed that on an average, as many as 35 to 40 prisoners were being sent from central prisons to government hospitals for undergoing treatment as outpatient in a week. Also, about five to eight prisoners were being sent for emergency/specialised treatment. Based on this, the IG (Prisons) sought for a direction to the Police Department to provide six escort police teams for the exclusive purpose of escorting the inmates to the hospital, and station two teams of police personnel in central prisons for taking prisoners during emergency.

The report also noted that out of the 155 sanctioned sanitary workers in prison, only 66 posts have been filled up. Steps were being taken to fill up the remaining 89 posts expeditiously, it added. The prison superintendents, who are the appointing authorities, have been asked to fill up the posts before June 30, 2019, the report said. The case has been posted for further hearing to April 8.