The Bombay High Court has expressed concern over terminally ill prisoners languishing in jails and urged the Maharashtra government to implement a 2010 advisory by the Union Ministry of Home Affairs for granting medical bail or house arrest to such inmates.
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan, during a hearing on Monday, referred to their visit to Yerwada Central Prison in Pune on Sunday, where they interacted with prisoners, particularly women inmates, and reviewed the conditions there.
The court highlighted the 2010 advisory, which outlines a policy for treating terminally ill prisoners and directed the Maharashtra government to file a detailed affidavit on its implementation.
Senior advocate Gayatri Singh, assisted by Sudha Bharadwaj, emphasized the relevance of Rule 27 of the Maharashtra Prisons (Review of Sentences) Rules, 1972, which empowers the Superintendent of Prisons to release terminally ill prisoners to their families under specific conditions, allowing them to spend their final days with loved ones.
In a related matter, advocate Vijay Hiremath raised concerns about prisoners’ mental health. The court concurred, stating, “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 judges stressed the need for external psychiatrists to address these issues effectively.
Additional Public Prosecutor Prajakta Shinde informed the court about a proposal by the jail authorities to construct an in-house hospital with laboratory facilities at Yerwada Central Prison to provide immediate medical aid.
She also mentioned a state circular issued on December 11, 2024, mandating prison superintendents to regularly consult prisoners about their health and record their medical history upon admission. This circular aims to ensure prisoners adhere to prescribed treatments.
The court was hearing a plea by Arun Bhelke, who along with his wife, Kanchan Nanaware, were lodged in Yerwada jail under UAPA provisions.
Diagnosed with a terminal illness in 2020, Nanaware sought medical bail, but delays and procedural hurdles meant no relief was granted. Although a medical board recommended a heart and lung transplant, she died in January 2021 after seven years in prison.
Following her death, Bhelke petitioned the High Court, seeking strict implementation of the 2010 advisory and relevant prison rules to prevent future suffering for terminally ill prisoners. Singh, representing Bhelke, reiterated that the rules permit handing over terminally ill prisoners to relatives under certain conditions.
The bench scheduled the matter for further hearing in January 2025, urging the state to prioritize the issue
