Front view of Yerwada Central Jail in Pune. | Photo Credit: Srikrishna Paranjape
After visiting Yerwada Central Jail in Pune on December 15, a division bench of Justices Revathi Mohite-Dere and Prithviraj Chavan directed the Maharashtra government to consider proper implementation of the central government’s August 2010 advisory for critically ill prisoners. According to the advice, inmates identified as suffering from any fatal disease may be placed on medical bail, parole, furlough or house arrest or family custody for treatment. If necessary, in some cases, special medical care can also be given to people in prison.
The bench, which went to inspect the living conditions and facilities of Yerwada Central Jail inmates, especially women prisoners, on Monday ordered the state government to submit a detailed affidavit in response to the suggestions, concerns and concerns about the mental health of the inmates. Implementation of the advisory.
The bench is hearing a petition filed by a man named Arun Bhelke, who was arrested along with his wife Kanchan Nanavare in a 2014 case under the provisions of the stringent Unlawful Activities Prevention Act (UAPA). The under-trial couple was kept in Yerwada Jail. However, in September 2020 the wife was diagnosed with a terminal illness and her medical bail application was rejected by the Sessions Court. After approaching the High Court, the woman was referred to a medical board where she was recommended for a heart and lung transplant. Before any order was passed, he died in January 2021.
The petitioner urges the High Court to direct the state government to strictly implement the provisions of the 2010 advisory and the Maharashtra Prisons (Review of Sentence) Rules, 1972, to prevent such incidents in future from any prisoner suffering from a terminal illness.
Representing Mr. Bhelke, senior advocate Gayatri Singh submitted to the bench that Rule 27 of the Maharashtra Prisons (Review of Sentences) Rules, 1972 applies to convicts and empowers a jail superintendent to hand over a terminally ill prisoner to his or her custody. Relatives allow a person to spend his last days among his family under certain conditions.
On behalf of the state government, Additional Public Prosecutor Prajakta Sinde informed that the prison administration has prepared a proposal to build a hospital with a laboratory inside the prison.
The bench observed, “They (prisoners) cannot open or disclose details of their mental health to in-house psychiatrists. Therefore, we feel that you (state government) should visit psychiatrists from outside. The matter will be heard further in January 2025.”
published – December 17, 2024 at 10:49 am IST