Periodical Medical Checkup Is Right Of Every Prisoner Under Article 21: Madras High Court

The Madras High Court recently observed that every prisoner has a right to periodical medical check-ups and the same forms part of the fundamental rights enshrined in Article 21 of the Constitution. “We hold that every prisoner has a right to have a periodical medical check up which would fall within the scope of Article 21 of the Constitution of India. Such check ups alone will indicate who is suffering from what condition,” the court said. The bench of Justice GR Swaminathan and Justice R Kalaimathi observed that the prisoners are also persons whose care and custody is with the prison authorities and the State. The court noted that the State has a duty to care for the needs of persons with special disabilities. “A prisoner is also a person. He is entirely in the care, custody and control of the prison authorities. They therefore have to assume the duty to be reasonably accommodative towards the special needs of prisoners with disability,” the court observed. The court thus directed the Superintendent of Prison, Palayamkottai, to holda master health check-up for all prisoners in the prison once in two years. The court took note of the Supreme Court's observation in Muruganantham's case, which emphasised that reasonable accommodation was not option but integral for any humane and just carceral system. The court was hearing a petition filed by Kalaiselvi seeking 28 days' ordinary leave for her father, who was undergoing life imprisonment in Palayamkottai Central Prison. The daughter had sought 28 days' leave for her father since he had suffered a recent amputation due to diabetes. The court noted that if the prisoner's condition had been diagnosed earlier, and suitable medical treatment had been given along with an appropriate diet, his leg would not have been amputated. Taking note of books and news articles that emphasise on the sorry state of prisons in the state and the dilapidated conditions of the buildings, the court noted that arrangements had to be made for the prisoner's condition. The court directed that the petitioner's father be given a cot, a table to keep his essential items and a western toilet. The court also directed that the petitioner's father be given counselling and rehabilitation activities. The court also directed that he be given periodical medical checkups, as there were chances of ulcers after amputation. Noting that there was a rise in cases of diabetes among general public, the court directed the Dean of Government Medical College and Hospital, Tirunelveli to conduct medical camps and find out the number of prisoners requiring intervention for diabetes. The court also noted that special facilities be arranged for the diabetes patients, including appropriate diet. The court also remarked that the Superintendent of Palayamkottai Prison could take the example of Kiran Bedi and Tihar Jail and ensure that the prison is a model for respecting the rights of persons with disabilities. Allowing the plea, the court also granted 28 days ordinary leave for the prisoner without escort. While on leave, the court directed the prisoner to report before the Inspector of Police every Thursday and abide by the conditions prescribed in the Jail Manual. Counsel for Petitioner: Mr. S. Mohamed Yunnis Raja, For Dr. R. Alagumani Counsel for Respondents: Mr. T. Senthil Kumar, Addl. Public Prosecutor Case Title: M Kalaiselvi v. The State of Tamil Nadu and Others Citation: 2026 LiveLaw (Mad) 91 Case No: W.P.Crl.(MD)No.993 of 2026Click Here To Read/Download The Judgment

Periodical Medical Checkup Is Right Of Every Prisoner Under Article 21: Madras High Court

Upasana Sajeev

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Periodical Medical Checkup Is Right Of Every Prisoner Under Article 21: Madras High Court

Upasana Sajeev

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