Right to life includes timely medical treatment: Chhattisgarh HC orders prisoner's parole decision in 10 days

Bilaspur: The Chhattisgarh High Court has directed the competent authority to decide within ten days on a parole application filed by a 68-year-old prisoner suffering from a severe medical condition. The court observed that the constitutional guarantee under Article 21 of the Constitution of India includes the right to receive adequate and timely medical treatment.

The order was passed by a Division Bench comprising Ramesh Sinha, Chief Justice, and Ravindra Kumar Agrawal while hearing a writ petition filed on behalf of a 68-year-old inmate currently lodged in the Central Jail, Bilaspur. The petitioner approached the court, citing serious health complications and the urgent need for specialised treatment.

The case revolves around a prisoner who has been battling a serious infection that has already resulted in the amputation of one toe. Medical records placed before the court showed that the procedure had earlier been carried out at Dr. B.R. Ambedkar Memorial Hospital. However, according to subsequent medical advice, the infection had continued to spread, putting him at risk of further amputation of his legs if not treated urgently.

The prisoner sought parole under the Chhattisgarh Prisoner’s Leave Rules, 1989, so that he could undergo treatment at a private hospital of his choice at his own expense. In his application, the petitioner stated that he had lost confidence in the treatment available at the government facility and wished to pursue further care elsewhere.

Although the jail authorities forwarded his parole request to the District Magistrate for consideration, the matter reportedly remained undecided despite the seriousness of his medical condition.  

Appearing for the petitioner, advocate Chandrakaditya Pandey argued that the prolonged inaction on the parole application amounted to arbitrary conduct by the authorities. He submitted that the delay was particularly concerning given the prisoner’s deteriorating health and the medical risk of further amputation.

The counsel contended that keeping the application pending effectively violated the prisoner’s fundamental rights under Article 14 of the Constitution of India and Article 21, especially when urgent medical treatment was required.

On the other hand, the State, represented by Deputy Government Advocate N. K. Jaiswal, opposed the plea. The State argued that parole cannot be claimed as an automatic or absolute right and informed the court that the request was already under consideration by the competent authority. It also maintained that the prison administration remained committed to providing necessary medical care to the inmate within the prison healthcare system.

After reviewing the medical documents placed on record, the Bench noted that the prisoner’s condition appeared serious and required immediate attention. The judges highlighted that although parole is not a guaranteed right, authorities are obligated under the law to decide such applications within a reasonable timeframe, particularly when they are based on pressing medical grounds.

The court observed, “This Court is of the considered view that the petitioner is suffering from a serious medical condition requiring urgent attention. The medical documents placed on record indicate that he has already undergone amputation of a toe and is presently facing the risk of further amputation due to the spread of infection. The right to life guaranteed under Article 21 of the Constitution of India encompasses the right to timely and adequate medical treatment. Though parole cannot be claimed as a matter of absolute right, the competent authority is under a statutory obligation to consider and decide the petitioner’s application within a reasonable time, particularly when the same is founded on serious medical grounds”.

The Bench also took note of the administrative delay in dealing with the application and remarked, “Such inaction, especially in matters concerning health and life, cannot be countenanced.” In light of these findings, the High Court directed the competent authority to decide the parole application within ten days.

To view the order, click on the link below: