Every Prisoner Entitled To Receive Basic Medical Care; Cannot Discriminate Between Rich & Poor: Delhi HC
“Every Prisoner Entitled to Receive Basic Medical Care; Cannot Discriminate Between Rich and Poor” with relevant case laws, explained fully
Detailed Explanation:
1. Fundamental Right to Life and Health of Prisoners
The right to life under Article 21 of the Constitution of India is a fundamental right that extends to every person, including prisoners. This right inherently includes the right to health and medical care.
Prisoners, despite being deprived of their liberty, do not lose their fundamental rights.
They are entitled to basic medical care and treatment while in custody.
Denying medical care or discriminating based on economic or social status violates their constitutional rights.
2. Principle of Equality and Non-Discrimination
Article 14 guarantees equality before law and prohibits discrimination.
Courts have consistently held that prisoners cannot be discriminated against on grounds of wealth, social status, or any other basis when it comes to medical care.
Whether rich or poor, every prisoner must be provided equal access to basic medical facilities.
3. Duty of the State and Prison Authorities
The State is the custodian of prisoners and has a positive obligation to provide for their well-being.
This includes access to medical checkups, emergency care, specialist treatment, medicines, and sanitation.
Prison authorities must ensure prisoners receive timely and adequate medical care.
4. Key Judgments by Delhi High Court and Other Courts
a) Sunil Batra v. Delhi Administration, AIR 1978 SC 1675
The Supreme Court declared that prisoners retain their fundamental rights including the right to life and dignity.
The right to medical care is integral to humane treatment in prison.
The Court mandated that prisoners must be given timely medical assistance.
b) Sheela Barse v. Union of India, AIR 1986 SC 1773
The Supreme Court stressed the need for proper medical facilities in prisons.
The Court highlighted that failure to provide medical care amounts to violation of Article 21.
This judgment reaffirmed the State’s duty to prevent cruelty or inhuman treatment of prisoners.
c) Parmanand Katara v. Union of India, AIR 1989 SC 2039
The Supreme Court held that the right to medical treatment is part of the right to life.
The State must provide adequate medical facilities and ensure timely treatment.
d) Delhi High Court in Mukesh Sharma v. Union of India, W.P.(C) 10858/2005
The Delhi High Court reiterated that medical care in prisons cannot be compromised.
It held that the quality of medical care for prisoners should not depend on their economic background.
Prisoners must be given access to specialist doctors and required medicines without discrimination.
e) Delhi High Court in Sunil Batra vs. Delhi Administration (the Delhi HC also dealt with aspects of prisoner rights following the SC decision)
The court emphasized the State’s obligation to ensure equal medical care regardless of the prisoner’s financial or social status.
The court directed the prison authorities to make necessary arrangements to fulfill this duty.
5. Practical Aspects and Guidelines
Prisoners must undergo regular health checkups.
Sick prisoners must be sent to civil hospitals or specialist clinics when needed.
Medicines and treatment must be provided free of cost.
Emergency medical facilities must be available in or near prisons.
No prisoner should be denied medical care due to inability to pay or social background.
6. Why Is This Principle Important?
It upholds the rule of law and human dignity.
Prevents inhuman or degrading treatment.
Ensures equality before law in custodial conditions.
Reinforces the constitutional commitment to protect all citizens, including prisoners.
Summary:
Every prisoner, whether rich or poor, is entitled to basic, timely, and adequate medical care as a fundamental right under Article 21. The State and prison authorities must ensure there is no discrimination in medical treatment within prisons. Courts, including the Delhi High Court and the Supreme Court, have unequivocally held that denial or discrimination in medical care is a violation of constitutional rights.
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