Every prisoner has right to a periodical medical check-up: HC

Madurai: Every prisoner has a right to have a periodical medical check-up, which would fall within the scope of Article 21 of the Constitution; such check-ups alone will indicate who is suffering from what condition, Madras high court has observed.The court was hearing a petition filed by M Kalaiselvi. The petitioner's father, M Murugesan, is undergoing life imprisonment in Palayamkottai Central Prison in Tirunelveli district. The petitioner moved court seeking a direction to the authorities to grant 28 days' ordinary leave for Murugesan, who underwent right-leg amputation surgery due to diabetes in Oct 2025.
A division bench of justice G R Swaminathan and justice R Kalaimathi observed that, the petitioner's father suffered amputation while in prison as a direct consequence of his diabetic condition. The Rights of Persons with Disabilities Act, 2016, introduced the concept of reasonable accommodation, which the state and society must show towards persons with disability."A prisoner is also a person. He is entirely in the care, custody and control of the prison authorities. They therefore have to assume the duty to be reasonably accommodative towards the special needs of prisoners with disability. This duty can be enforced by individual prisoners with disability by filing writ proceedings. They can demand that they should be provided with the required facilities," the judges observed.The judges observed that since an early diagnosis can prevent calamities such as amputation, the judges directed the superintendent of Palayamkottai Central Prison to hold a master health check-up for all the prisoners once in two years. The judges called upon the dean of the Tirunelveli Govt Medical College Hospital to immediately conduct a medical camp and find out the number of prisoners requiring intervention for diabetes.The diabetic prisoner must be given the medicines and, if necessary, insulin treatment also. Every prisoner identified as diabetic ought to be given the option of taking an appropriate diet. For instance, the coffee or tea that is given to them should be sugar-free. "Merely because one is a prisoner, one cannot be given a diet that is unsuitable for his body condition. Otherwise, one's condition is bound to deteriorate," the judges observed.All the amenities and assistive devices that are required for the petitioner's father shall be immediately provided. Since he is a senior citizen, he should be housed in a block from where toilet and dining facilities can be easily accessed. "Tihar Jail had a Kiran Bedi for a brief while and her tenure did make a difference. We hope the current incumbent superintendent of Palayamkottai Central Prison would take her as a role model and ensure that Palayamkottai Central Prison is a model prison when it comes to respecting the rights of prisoners with disabilities," the judges observed, while directing the superintendent of the prison to grant 28 days' ordinary leave for the petitioner's father without escort.