Ajaysingh Kuvarsingh Dahiya vs. The State of Maharashtra & Anr. - (High Court of Bombay) (18 Jun 2018)

State Government Obliged To Provide Medical Treatment To Prisoners In Need

MANU/MH/1506/2018

Human Rights

By way of this writ petition filed under Article 226 of Constitution of India, prayer has been made on behalf of petitioner seeking his release on parole on the ground of his own illness. Issue involved in present case is whether Petitioner is entitled for grant of parole on the ground of illness.

Learned APP submits that the medical report of the petitioner shows that the petitioner is suffering from multiple sclerosis. The medical report further shows that the petitioner has been advised Avonex injection every week which is extremely important to the patient and if he misses the same, the symptoms will reoccur. On the other hand, Learned counsel for the petitioner stated that the injection costs about Rs. 10,000/- and at some places, on account of discount, it is available for almost Rs. 8000/-, however, the family of the petitioner is asked to supply the said injection and other medicines by the Hospital Authorities. This situation cannot be countenanced. It is the duty of the State to take care of the petitioner who is in their custody.

It is the obligation of those who are in charge of the health of the community to preserve life of the patient, whether he be an innocent person or be a criminal liable to punishment under the laws in force. In Pt. Parmanand Katara vs. Union of India and ors. MANU/SC/0423/1989, the Hon'ble Supreme Court has held that Article 21 of the Constitution casts the obligation on the State to preserve life. Again in Rama Murthy vs. State of Karnataka MANU/SC/0402/1997, the Hon'ble Supreme Court relying upon Mulla Committee report has held that the society has an obligation towards prisoner's health because they do not enjoy the access to the medical expertise that free citizens have.

The record of present case indicates that the Doctors who are treating the petitioner have themselves advised that the petitioner must be administered certain medications. The State, in such circumstances, cannot avoid its responsibility or require the petitioner or his relatives to arrange for such medicines, particularly when there is material on record which indicates that neither the petitioner nor his relatives are really in a position to afford such medicines.

Accordingly, this Court directed the State Government to make adequate arrangements to see that the petitioner is provided the injections as well as other medicines required by him as advised by the doctor at State cost. Learned counsel for the petitioner states that all necessary injections and medicines have been supplied to the petitioner at State cost. He also fairly admits that the petitioner is being given all the medicines at State's cost and he is being taken to the hospital as and when required. Hence, this petition is disposed of as not pressed.

Tags : PAROLE MEDICAL TREATMENT PRISON PRISONERS