Doctor Shortage: HC asks Maha Govt to consider allowing civil hospital doctors to treat jail inmates

Written by Sanchari Chattopadhyay Published On 2021-06-05T10:15:00+05:30 | Updated On 5 Jun 2021 5:39 PM IST

Doctor Shortage: HC asks Maha Govt to consider allowing civil hospital doctors to treat jail inmates

Mumbai: In order to overcome the shortage of doctors, the Bombay High Court recently asked the Maharashtra government to consider allowing doctors from civil hospitals to visit jail hospitals regularly on rotation.

A circular was earlier issued by the prison authorities which instructed the doctors of a nearby civil hospital to visit the jail on regular basis but it was not implemented strictly. The court while seeking a copy of the circular also directed the dean of the hospitals to follow the order.

The court further asked the state to prioritise vaccination of inmates over 45 years of age. It also sought the measures being taken to maintain social distancing among prisoners to ensure healthcare for first-time offenders who have resorted to crime after losing jobs in lockdown and had no means of livelihood.

The bench observed,

"There could be first-time offenders, driven by penury, to commit offences. Putting them in jail is not going to solve any problem…"

A Division Bench of Chief Justice Deepak Dutta and Girish Kulkarni was addressing a Suo Moto PIL filed with reports of an increase in the number of COVID victims in Maharashtra Jail.

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HC asked the State,

"Can there be an arrangement of visitor doctor who could go for two hours? You have so many doctors, send them on rotation."

It added,

"The frequency of visit of doctors should increase and this decision (circular) should be properly implemented…,"

Appreciating measures taken by the prison department to decongest jails, the HC suggested that more temporary jails should be set up, reports The Indian Express.

During the session, Advocate General Ashutosh Kumbhakoni for the state informed the HC that the state high-powered committee set up to consider ways of decongesting jails held a meeting on May 11 and gave suggestions following which 1,201 prisoners had been released on interim bail or emergency parole the very next day. Moreover, 2,449 prisoners had been released after the new guidelines were issued by the committee, reports Hindustan Times.

He further stated that the number of covid-19 cases among the prisoners has significantly dropped from 311 to 144 after May 12th as the vaccination of jail inmates and staff have been rapidly increased. He submitted that of the 33,832 prisoners 4,359 and 3,598 prison staff had been vaccinated.

It was further observed that during the period of April 4th to 30th around 17,725 FIR's under various sections of the Indian Penal Code and 5,911 FIR's under special laws had been registered all across the state, which made the bench question as to why the population in prison has drastically increased.

The bench also questioned the government as to why there are no dedicated civil hospitals to treat prisoners from Navi Mumbai and Taloja jail which is compelling them to travel all the way to Sir JJ Hospital to seek medical assistance.

When the court questioned if there are no available hospitals nearby, the authorities informed that though there are available civil hospitals, the prisoners cannot be taken there as per the rules.

To this, the court noted,

"Why not change colonial rules of jail manual wherein civic hospitals cannot treat and admit jail inmates."

After the state assured the bench of responding to its queries and suggestions within a week, the PIL was posted for the next hearing on June 10.

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Source : with inputs

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.