Bombay High Court raises concern over terminally ill prisoners in jails

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The Bombay High Court has expressed serious concern over the plight of terminally ill prisoners languishing in jails and urged the Maharashtra government to ensure proper implementation of the Union government's advisory regarding medical bail and house arrest for such inmates.

A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan, during a hearing on Monday, highlighted the urgency of the issue after their recent visit to Pune's Yerwada Central Prison. The bench said they inspected the prison facilities on Sunday, interacted with inmates - particularly women prisoners - and assessed the overall conditions.

The court referred to a key advisory issued by the Union Ministry of Home Affairs in August 2010, which outlines policies for the treatment of terminally ill inmates. According to this advisory, prisoners suffering from terminal illnesses should be granted bail on medical grounds, parole, furlough, or be placed in house arrest under the care of their family members. It also notes that special medical care can be provided within the prison itself in some cases.

Directing the Maharashtra government to file a detailed affidavit regarding the advisory's implementation, the bench stressed the need to address systemic delays and ensure humane treatment for such prisoners.

The court was hearing a petition filed by Arun Bhelke, who was an undertrial prisoner alongside his wife, Kanchan Nanaware. The couple had been arrested in 2014 under provisions of the Unlawful Activities Prevention Act (UAPA). According to the petition, Nanaware was diagnosed with a terminal illness in 2020 but was unable to secure medical bail.

When Nanaware approached the high court for relief, she was referred to a medical board, which recommended a 'heart and lung' transplant. However, delays in the process meant no order could be passed in time, and she tragically passed away in January 2021 after spending nearly seven years in custody.

Bhelke subsequently filed the present petition, seeking strict enforcement of the 2010 advisory as well as relevant provisions under the Maharashtra Prisons (Review of Sentences) Rules. He urged the court to ensure that no other prisoner is subjected to similar suffering due to administrative lapses.

Senior advocate Gayatri Singh, appearing on behalf of Bhelke, informed the court that prison superintendents are empowered under existing rules to release terminally ill prisoners to their relatives on certain conditions, enabling them to spend their final days surrounded by family.

(With inputs from PTI)