Bombay HC Judges Visit Yerwada Prison In Pune: Ask Authorities To Take Care Of Prisoners' Mental Health, Identify 'Terminally Ill' Inmates

The Bombay High Court on Monday directed the Maharashtra government to consider proper implementation of an Advisory issued by the Union Government way back in 2010, to grant medical bail or to put in house arrest, prisoners, who are identified to be 'terminally ill.'

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan visited the Yerwada Central Prison in Pune on Sunday (December 15) and on Monday ordered the Maharashtra government to file a detailed affidavit in response to the suggestions with regards to classification of prisoners as 'terminally ill' and also the concerns raised about the mental health of prisoners.

The judges visited the Yerwada Central Prison and met the prisoners, particularly women inmates and inspected the conditions there.

On Monday, when the matter was called out, the bench was apprised about an Advisory issued in 2010 by the Union government, which permitted identifying 'terminally ill prisoners' who could be given medical bail. 

Senior Advocate Gayatri Singh assisted by advocate Sudha Bharadwaj also pointed out the fact that Rule 27 of the Maharashtra Prisons (Review of Sentences) Rules, 1972, is applicable to convicts and empowers the Superintendent of Prisons (SP) to hand over a terminally ill prisoner to his/her relatives on certain conditions to allow a person to live their last days among their family.

Appearing in a connected case, advocate Vijay Hiremath too raised concerned about the mental health of prisoners. 

Agreeing with his view, the judges too made it clear to the State that there must be separate psychiatrists for prisoners and that the prison authorities cannot rely solely on the in-house psychiatrists. "They (prisoners) might not open or divulge details of their mental health before an in-house psychiatrist. Thus, we think you must have a visit of a psychiatrist from outside," the bench suggested.

During the hearing, Additional Public Prosecutor (APP) Prajakta Shinde representing the State, informed the bench that a proposal has been made by the Jail Authorities to construct an in-house hospital in Yerwada Central Prison along with a laboratory facility, so that prisoners can be given the medical aide immediately, when in urgency.

Shinde further informed the judges about a circular issued by the State on December 11, 2024, mandating SPs to speak to the prisoners about their health, on their regular inspection. The circular further mandates the prison authorities to record the medical history of every prisoner before being lodged in the jail and to ensure that the prisoners are following their prescription.

The circular casts a mandatory duty on the jail authorities to immediately inform the relatives or the family of the prisoners, who fall sick and/or hospitalised.

Background:

The bench was hearing a plea file by one Arun Bhelke, who along with his wife Kanchan Nanaware was an undertrial and lodged in Yerwada jail after they were arrested in a 2014 UAPA case. The wife, fell terminally ill by September 2020 yet her medical bails were rejected time and again by the Sessions Court. When she approached the High Court seeking medical bail, she was referred to a medical board, which recommended 'heart and lung' transplant. However, by the time any order could be passed, she died in January 2021 after spending nearly 7 years in prison.

Subsequently, her husband petitioned the High Court seeking directions to the State to scrupulously implement the Advisory of 2022 and also the provisions of the Maharashtra Prisons (Review of Sentences) Rules, 1972 so that in future, no other prisoner is made to suffer despite being terminally ill.