The Madras High Court has held that undertrial prisoners cannot be denied treatment in private hospitals of their choice if they or their families are willing to bear the expenses.
The court emphasised that the right to health and quality medical care is part of the fundamental Right to Life under Article 21, applicable to prisoners as well.
The bench observed that forcing undertrial prisoners to only government hospitals when better private facilities are available and affordable is violative of their rights.
Undertrial Prisoners Entitled To Be Treated At Private Hospitals Of Their Choice: Madras High Court
Significant ruling by Madras HC says undertrial prisoners have the right to seek treatment in private hospitals if they can afford it, citing Article 21 of the Constitution.
Summary
The Madras High Court has declared that undertrial prisoners are entitled to receive medical treatment in private hospitals of their choice, provided they or their family members are ready to bear the cost.
The court made the observation while hearing a petition filed by an undertrial prisoner who was denied permission to undergo treatment at a private hospital. The bench ruled that prisoners, especially those undertrial, cannot be deprived of better healthcare facilities merely because they are in judicial custody.
Justice observed that the right to health is an integral part of the Right to Life guaranteed under Article 21 of the Constitution and extends to all persons, including those in prison. The court noted that government hospitals often face overcrowding and resource constraints, and denying access to private care when the prisoner can afford it would be unjust.
The ruling is expected to have wide implications across Tamil Nadu and could set a precedent for other high courts. Legal experts have welcomed the judgment, saying it upholds the dignity and human rights of undertrial prisoners who are still presumed innocent.
The Madras High Court directed prison authorities to frame guidelines for processing such requests promptly and without unnecessary bureaucratic delays. The state government has been asked to ensure that this right is not misused while safeguarding security concerns during hospital visits.
This judgment comes at a time when several human rights organisations have been raising concerns about the quality of healthcare provided to prisoners in various jails across the country.
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