Chhattisgarh High Court Affirms Right to Medical Treatment for Prisoners Under Article 21
The Chhattisgarh High Court has delivered a significant ruling emphasizing that the constitutional right to life, as enshrined in Article 21, includes the fundamental right to timely and adequate medical treatment, even for individuals incarcerated in prisons. This landmark observation came during the hearing of a writ petition filed by a 68-year-old prisoner suffering from a severe case of gangrene.
Urgent Medical Parole Application for Gangrene Patient
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal disposed of the petition, which sought parole to allow the prisoner to undergo specialized treatment at a private hospital of his choice. The petitioner, currently lodged in Central Jail in Bilaspur, is battling gangrene, a condition that has already led to the amputation of one toe at a state-run hospital in Raipur.
Medical reports presented to the court indicated a alarming spread of the infection, with doctors warning that amputation of his legs might be necessary to prevent further health deterioration. Expressing a lack of confidence in the ongoing treatment at the government hospital and fearing a rapid decline in his condition, the prisoner applied for parole under the Chhattisgarh Prisoners' Leave Rules, 1989. His application was forwarded by jail authorities to the district magistrate for consideration.
State Government's Opposition and Court's Constitutional Stand
Opposing the plea, the state government argued that parole is not an automatic right but is subject to statutory rules and administrative satisfaction. They contended that the application was under active review and that adequate medical care was being provided within the existing framework of prison regulations.
However, the court firmly noted that the petitioner's critical medical condition demanded urgent attention. The bench underscored that the constitutional guarantee of life and personal liberty inherently includes access to timely and adequate medical care, a principle that applies universally, including to prisoners.
The court explicitly stated: "The right to life guaranteed under Article 21 encompasses the right to timely and adequate medical treatment. Authorities are duty-bound to consider such requests within a reasonable time, particularly when serious medical grounds are involved."Court's Directive for Expedited Decision
In its final order, the bench directed the concerned authorities to consider and decide the pending parole application in strict accordance with the law. The court mandated that a reasoned order be passed within 10 days of receiving the court's directive, ensuring that the prisoner's medical needs are addressed without unnecessary delay.
This ruling reinforces the judiciary's role in upholding human rights and healthcare access for all citizens, regardless of their legal status, setting a precedent for similar cases involving prisoners' medical rights across the country.
