Right to life includes timely & adequate medical care, even for prisoners: HC

Raipur: Right to life guaranteed under Article 21 of the Constitution encompasses the right to timely and adequate medical treatment, even for prisoners, the Chhattisgarh high court has observed while directing authorities to expedite decision on a parole application filed by a 68-year-old jailed man suffering from gangrene. A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal disposed of a writ petition filed by the prisoner, who sought parole to undergo treatment at a private hospital of his choice. According to his petition, the person—currently lodged in Central Jail in Bilaspur —is suffering from gangrene and had earlier undergone amputation of one toe at a state-run hospital in Raipur. Medical reports indicated that the infection had spread further, and that amputation of his legs might be required. Apprehending further deterioration in his condition and expressing lack of confidence in the ongoing treatment at the govt hospital, he sought permission to obtain treatment at a private facility at his own expense. The prisoner had applied for parole under the Chhattisgarh Prisoners' Leave Rules, 1989 to facilitate medical treatment, and the application was forwarded by jail authorities to the district magistrate. Opposing the plea, the state govt submitted that "parole is not a matter of right" and is "subject to statutory rules and administrative satisfaction." It argued that the application was under consideration and that adequate medical care was provided within the framework of prison rules. The court noted that the petitioner's medical condition required urgent attention and that the constitutional guarantee of life and personal liberty includes access to timely and adequate medical care. "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," the court observed. The bench directed authorities to consider and decide the pending application in accordance with law by passing a reasoned order within 10 days of receiving the court's order.