Key Points

The NHRC bench led by its member Priyank Kanoongo relied upon a Supreme Court order to conclude that imprisonment could not be a disqualifying factor for a 70-plus person to avail the benefits of the Central government-supported health scheme.

In an order dated July 17, Kanoongo said, "A person under the custody of the State continues to enjoy the fundamental right to health, and it is the responsibility of the State to ensure proper healthcare for all inmates."

The bench issued instructions to the Director General (Prisons), of all states/Union Territories to ensure that all eligible prisoners of 70 years or above should get the benefit of the healthcare in keeping with the spirit of the Vay Vandana card of ABPM-JAY.

"The jail authorities shall facilitate all the eligible prisoners to enroll them on the portal of the said scheme, "Kanoongo, seeking an action taken report within four weeks."

The order came during the hearing on a complaint filed by Rabindra Kumar on July 2.

Earlier, the NHRC relied upon a Supreme Court decision in Sujata Mukunda Manerao vs State of Maharashtra, 2003, which said that providing for proper medical aid to inmates is a right under Article 21 of the Constitution.

The NHRC order quoted the Supreme Court order as saying, "It is bounden duty of the State to look after health of the inmates in the jails since they cannot take treatment on their own and for the purpose of treatment, they are at the mercy of the hospital authorities. Proper medical aid to the inmates is a right available to them under Article 21 of the Constitution..."

- IANS