Failure to provide timely treatment: Maha SHRC Directs State to Pay Rs 3 Lakh Compensation
Compensation
Mumbai: The State Human Rights Commission (SHRC) in Maharashtra directed the State Government to pay Rs 3 lakh compensation to the family of a 33-year-old convict who died under suspicious circumstances while he was serving jail time in Nashik Jail in 2016.
After his death, the deceased's family members alleged that there was negligence on the part of the jail authorities to provide the necessary medical treatment to the prisoner. While serving a life sentence, the prisoner had tested HIV positive shortly before he died.
In the order, Justice K.K. Tated and member Sanjay Kumar from SHRC opined that the jail authorities could not provide adequate and timely medical care to the deceased, neglected and medical advice, and disregarded mandatory procedures, such as HIV and TB testing, when the prisoner was first admitted.
As per the latest media report by Free Press Journal, the deceased's father filed a complaint in 2017 and demanded an inquiry into his son's death. The family expressed its belief that the death was preventable. It was argued by the family that the prisoner may have had contracted HIV due to improper use of unsterile needles.
During the proceedings, the Additional Director General of Police (Prison and Correctional Services) submitted the prison records, which indicated that the prisoner had sought medical treatment from April 2014 onward for various ailments, including dermatitis, boils, fever, cough, fungal infections, and anemia.
He was diagnosed with tuberculosis by June 2016 and was advised to under further testing at J.J. Hospital in Mumbai. However, his condition worsened on the way and he was taken to Khardi Rural Hospital in Shahapur, Thane, where he was declared dead.
It was argued by the deceased's advocate that the delay in treatment, failure to follow medical advice, and non-complicance with standard health guidelines, including mandatory HIV testing on prison admission, led to a deterioration in the prisoner's health and ultimately his death.
Further, the deceased's counsel pointed out that there was inadequate ambulance facilities during the prisoner's transfer from Nashik to Mumbai, which may have contributed to his demise.
In its order, the Maharashtra SHRC noted that the prison authorities ignored the operational guidelines from the National AIDS Control Organisation, which makes it mandatory to conduct HIV testing upon admission to prison.
"We have concluded that prison authorities failed to provide timely and proper treatment to the deceased, neglected doctors’ advice and recommendations, and did not comply with the mandatory HIV and TB tests before admitting the prisoner," the Commission stated in its order.
