Prisoner’s rights in India are protected under the Constitution of India and various laws and regulations. The recent Bombay High Court judgment in the case of Vishnu Kute & Ors vs State of Maharashtra & Ors. further clarified and strengthened the prisoner’s right to health under Article 21 of the Constitution of India.
The court held that the right to health is an integral part of the right to life under Article 21, and it cannot be ignored even in the case of prisoners. The court also observed that the state has a duty to provide adequate medical facilities and care to the prisoners, and any failure to do so would be a violation of their fundamental rights.
The judgment also recognized that prisoners are a vulnerable group and are at a higher risk of contracting diseases due to the overcrowding and lack of proper sanitation in prisons. Therefore, the court directed the state to take appropriate measures to ensure the safety and well-being of the prisoners, including providing regular health check-ups, proper medical treatment, and adequate hygiene facilities.
In addition to the right to health, prisoners in India also have the right to a fair trial, humane treatment, and protection from torture and cruel, inhuman, or degrading treatment under various laws and regulations, such as the Prisoners Act, 1894, and the Model Prison Manual, 2016.
Overall, the recent judgment by the Bombay High Court has reaffirmed the importance of protecting the fundamental rights of prisoners in India, particularly their right to health. The judgment serves as a reminder to the authorities that they have a duty to ensure the safety and well-being of prisoners, and any violation of their rights would not be tolerated.