Court mandates action within 10 days to uphold prisoner's right to timely healthcare under Article 21
In a significant ruling, the Chhattisgarh High Court has instructed the competent authority to expedite the decision-making process concerning a parole application submitted by Dheluram, a prisoner suffering from gangrene. The court emphasized the necessity of upholding the prisoner's constitutional right to life, which encompasses timely and adequate medical treatment.
The case involved Dheluram, who is currently serving a sentence and has been afflicted with a severe medical condition requiring urgent attention. Medical records indicate that he has already undergone a toe amputation and faces the imminent risk of further amputations due to the spread of infection. Expressing a lack of confidence in the treatment provided by government hospitals, Dheluram sought parole to receive care at a private hospital of his choosing.
Despite the urgency of the medical situation, Dheluram's application for parole, which was forwarded by jail authorities to the District Magistrate, remained undecided. This inaction prompted Dheluram to file a writ petition with the High Court, alleging that the delay violated his fundamental rights under Articles 14 and 21 of the Constitution of India.
Article 21, which guarantees the right to life and personal liberty, includes the right to timely and adequate medical treatment. The court recognized that while parole is not an absolute right, authorities have a statutory duty to consider applications, especially those based on critical health conditions, within a reasonable timeframe.
The State's counsel argued that the application was under due consideration and that the State remained committed to providing necessary medical care within the prison framework. However, the court found the delay in decision-making unacceptable, particularly given the serious health implications.
Citing the Chhattisgarh Prisoner's Leave Rules, 1989, the court highlighted that the competent authority has a statutory obligation to decide on such applications promptly to prevent any detriment to public interest and ensure the prisoner's rights are not infringed. The court referenced previous Supreme Court judgments, reinforcing the importance of considering parole applications based on medical grounds without undue delay.
In its ruling, the court directed the competent authority to make a decision on Dheluram's pending parole application within 10 days, issuing a reasoned and speaking order. This directive aims to ensure that the petitioner's right to healthcare, a critical aspect of the right to life, is respected and upheld.
The court's decision underscores the judiciary's role in safeguarding constitutional rights, particularly in matters where health and life are at stake. By mandating a prompt resolution, the High Court has reaffirmed the importance of timely access to medical treatment for prisoners, aligning with the principles of justice and humanity.
Bottom Line:
Parole application based on serious medical grounds must be considered promptly by the competent authority to ensure the prisoner's right to timely and adequate medical treatment under Article 21 of the Constitution.
Statutory provision(s): Article 21 of the Constitution of India, Article 14 of the Constitution of India, Chhattisgarh Prisoner's Leave Rules, 1989
Dheluram v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2861354
