Altaf Ahmad Khan, a Kashmiri separatist leader and undertrial who was diagnosed with renal cancer and several collateral health complications died on October 11 in AIIMS, Delhi.
In view of his grave illness, he was transferred to Ram Manohar Lohia Hospital from Tihar Jail.
Since the hospital lacked adequate cancer facilities, Shah’s family petitioned the Delhi High Court to let him transfer to the All India Institute of Medical Sciences (AIIMS).
In a similar vein, the Delhi High Court approved the transfer on October 3. However, the decision was not immediately followed, and it was not until several days later that the prison administration took the necessary procedures to implement the order. And on October 11th, in AIIMS in Delhi, Shah died unexpectedly.
This incident is not one of a kind, since time immemorial, we have witnessed numerous negligence being inflicted on prisoners detained.
The prison authorities don’t have an ounce of piety towards the prisoners detained, irrespective of age. The scenario is worst in cases of political prisoners.
Furthermore, the number of medical staff is insufficient, as the Bombay High Court reaffirmed, stating that out of 112 medical officer posts in 47 prisons in Maharashtra, only 33 doctors were available for prison inmates, with only two holding MBBS degrees and the remaining 27 had AYUSH degrees.
The supreme court too has often stated that the right to health is one of the fundamental rights recognized by ‘Article 21’ of the Indian Constitution.
However, the pertinent question before us right now is whether or not our citizens have access to this essential fundamental right guaranteed by Part III of our Constitution. And the answer is clear because there is a flagrant violation of our right to health, as evidenced by numerous past incidents.
Another unforgettable incident was of Father Stan Swamy, a Jesuit priest and tribal rights activist. Swamy was a co-accused in the Bhima Koregaon case who was repeatedly denied bail in spite of suffering from Parkinson’s disease. He couldn’t bathe or even feed himself. According to reports, he was denied supper and straw to feed on, and despite the cold weather, the demand for a sweater, socks, and blanket was not met.
One other case that can be termed here is of Siddique Kappan, a journalist who was arrested under Unlawful Activities (Prevention) Act. Kappan contracted COVID while being incarcerated and was denied medical care for the same, even after the Supreme Court ordered the Uttar Pradesh government to provide him medical aid.
A study by Harvard bioethicists confirmed the disheartening reality that the vast majority of inmates in Indian prisons receive no professional medical or mental health care.
The study also mentioned that the prisoners in India have hard trials and that they face difficulty in receiving bails. Also, they are housed in harsh living conditions and suffer inhumane treatment.
It’s worth noting that the severe treatment of detainees by Indian prison authorities has been roundly criticized by many organizations of national and international repute.
The settled proposition is that not only the physical but also the mental health of prisoners is in urgent need of protection. The Lancet, proposed that the prisoners in India are twice as likely to die by suicide as the general population.
The apex court in the case of Sunil Batra v. Delhi Administration (1978) explicitly expressed that the State is given constitutional duty to provide safe and sound healthcare to prisoners and ensure their physical and mental health.
While issuing its judgment to move a terminally ill woman to a hospice, the Bombay High Court stated that the right to health is a fundamental right protected by Article 21 of our Constitution. The Court rules, “A convict, under-trial, or detenu does not cease to be a human being, and even when placed in the jail, he is not deprived of his right to life given to him under Article 21 of the Constitution, which includes the right to get medical treatment.”
Also read: https://meezanmedia.com/the-case-of-habib-khan-a-prisoner-so-old/
