“Remember those in prison as if you were their fellow prisoners and those who are mistreated as if you yourselves were suffering.” – Hebrews

“It need not be emphasised that the right to health is enshrined in Art. 21 of the Constitution of India, particularly of a prisoner who is deprived of his personal liberty, albeit in accordance with the procedure established by law, cannot be ignored. In fact, the Hon’ble Supreme Court has in several decisions held that the right to life includes the right to live with human dignity.” the Bombay HC in the case of Vishnu Kute & Ors vs State of Maharashtra & Ors, while granting Rs. 10 lakh compensation to a family of a 32-year-old under trial prisoner who died in the custody of the jail authorities. 

An application was filed before the magistrate by the deceased stating that he was suffering from spondylosis and needed treatment and proper nutrition and requested the court that he should be referred for treatment to the Government Hospital at Beed. The magistrate had dismissed the application of the deceased while observing that it is the bounden duty of the Superintendent of Jail to provide specialized medical treatment to the prisoners.

The court further noted, “The duty of the State to provide medical treatment to the prisoners, to take care and ensure their safety and security of the prisoners and treat them with human dignity needs no affirmation. The Government has failed in its duty, the petitioners being the parents, widow and the children of the deceased, are entitled for compensation.”