Observing that a prisoner ceases to be a human being and the right to life cannot be denied to him even if he is in jail, the Bombay High Court on Thursday directed that a critically ill undertrial prisoner be punished in the Gadchiroli blast. be arrested for his alleged role. 2019 – Transferred from Byculla Women’s Jail to Dharamsala cancer Patient.
A division bench of Justice SS Shinde and Justice NJ Jamadar directed the Byculla jail superintendent to shift Nirmala Kumari Uppganti to Shanti Avedna Sadan, a hospice center “under necessary security and proper security” by September 15. Uppuganti has been suffering from breast cancer since then. 2018. 2018. The cancer has now spread to his vital organs, including his liver, bones and brain.
“Undoubtedly, the petitioner (Uppuganti) has been charged with serious offences. Nevertheless, in the peculiar facts of the case, especially in view of the critical medical condition of the petitioner and the fact that he is stated to be seriously ill, the absence of provision of necessary palliative care and support would affect his right to life. with dignity. It is true that the right to life guaranteed to every person by Article 21 of the Constitution is a fundamental principle of human right,” the HC said.
“A prisoner, whether he is an offender or under trial or a prisoner, ceases to be a human being, and is not deprived of the right to life granted to him under Article 21 of the Constitution of the Constitution, including medical treatment. including the right to receive.”
The court said the prognosis of illness is usually associated with “excruciating aches and pains” and the need for palliative care and nursing “can hardly be overemphasized”.
It said palliative care is a viable course of action, with the medical team set up to examine the patient stating that he is mentally ill with a remote possibility of treatment.
Public Prosecutor Sangeeta Shinde had told the HC that Uppuganti was being provided medical treatment and was being looked after by the jail staff and co-inmates.
In his petition filed last month through advocate Payoshi Roy, Uppuganti had said that he is finding it difficult to live in his jail cell, as he has to sleep on the floor and does not get hot water or medical aid.
“Without considering the facilities being provided to the prisoners in Byculla Jail, we are of the view that those facilities may not be sufficient and effective to provide necessary palliative care and support to the petitioner at this stage,” the HC said, adding that Saying that the disease has spread to multiple organs, Upganti will need trained and professional medical care providers.
While allowing Uppuganti to be admitted for her 12-week planned treatment, the HC directed the jail superintendent to coordinate with the administrator of the dharamsala so that proper arrangements could be made for her entry and both were stopped from the point of view of security. and ensure that there are no other patients. inconvenient.
Uppuganti will also be taken to Tata Memorial Hospital for treatment as per doctors’ advice and will be allowed a telephonic conversation with Satyanarayanan Rani, a co-accused in the case lodged in Arthur Road jail.
Along with others, the two were arrested in 2019 for their involvement in an IED blast in Gadchiroli that killed 16 people, including 15 personnel of the rapid response team.
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