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New Delhi, Dec 10 (PTI) Supreme Court judge Justice Surya Kant on Tuesday expressed concern over the plight of elderly and terminally ill prisoners, saying the medical protection provided under the right to dignity often remained "theoretical, inaccessible, and invisible" for them.
Speaking at a Human Rights Day event organised by the National Legal Services Authority (NALSA), Justice Kant said the urgent need for compassionate measures to address the unique challenges faced by these individuals.
The event marked the launch of NALSA's "Special Campaign for Old Prisoners and Terminally-ill Patients".
Chief Justice of India Sanjiv Khanna, Justice B R Gavai and Minister of state for Law and Justice Arjun Ram Meghwal also shared their views at the event.
"We are well aware that the right to dignity includes the right to adequate medical care, and it obligates prison authorities to provide for those who need it, but for older prisoners and terminally ill prisoners, these protections often remain theoretical, inaccessible, impractical and too often invisible,” said Justice Kant, who heads the Supreme Court Legal Services Committee.
He said every individual was entitled to rights that guaranteed freedom, equality and justice, but in reality, these rights remained out of reach for the “most vulnerable” sections.
“A thin line exists between appropriate and inappropriate continued detention. Our laws have always tried to make that distinction clear, as we do not send minors to jail, nor mothers of young children and women to pre-trial jail. We also resist placing senior citizens in pre-trial jail,” he said.
The judge said during the COVID-19 pandemic, courts across the country granted temporary and permanent release to prisoners for medical treatment, to prevent outbreaks in prison.
The apex court judge said the healthcare requirements of a person multiplied with advancing age, and at times, these medical issues turned complicated and fatal.
He said in such circumstances, doctors generally advised sick patients to visit hospitals regularly, alongside palliative care, which could be provided in the comfort of their home, surrounded by their loved ones.
“If this is the standard of treatment throughout the globe, why should it be denied to old persons and those suffering from medical complications solely because they are behind bars? This is not what our reformative criminal justice system envisions, and this is surely not our constitutional ethos,” said Justice Kant.
The object of imprisonment was to punish the individuals in a manner proportional to the crime committed and “not to deploy convicts in jail left to their own devices” making them “succumb to an inhumane existence", he added.
“This is where law and policy must step in together to ensure that such prisoners are granted compassionate release, a specialised mechanism to identify the prisoners in need; collate the necessary documents and medical reports; ensure this satisfies the criteria for release; draft the police to represent them and follow up on multiple levels of review. This is the need of the hour,” said the judge.
Applauding NALSA for launching the campaign to streamline the process for a compassionate release, Justice Kant said it took the challenge head-on.
“NALSA or its subsidiaries, like the Supreme Court Legal Service Committee or state legal service authorities are not mere statutory compositions. They are a promise to Indian society. They are the hopes of millions of justice seekers today. Let us promise to work together to empower every citizen to acknowledge their dignity. And bridge every gap between the people and the law,” he said.
(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)
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