Technicalities cannot outweigh right of undertrial prisoner Patient to healthcare : NHRC
New Delhi, 16 December 2005
The Commission has stated that technical considerations for shifting a patient to the hospital cannot outweigh the right of the patient to proper health care and as such, his right to life. The Commission expressed its anguish at the utter lack of sensitivity on the part of prison authorities of the District Jail, Banda, UP while handling the case of an undertrial prisoner, Babu Lal, who succumbed to his burn injuries. The Commission views it as a classic case of systemic failure resulting in a loss of life, which possibly could have been saved.
The Commission observed that records show that instead of taking prompt action to follow the advice of the Surgeon of the District Hospital, Banda, the jail authorities entered into a bureaucratic tussle with the police authorities on the point as to who was responsible for providing guard (escort) and transport for taking the victim prisoner to Lucknow Medical College for treatment.
Babu Lal, an undertrial prisoner who was admitted in the District Jail, Banda with burn injuries was sent to the District Hospital, Banda under police escort. He expired while undergoing treatment in the hospital on 22 November 2000. The Commission while looking into his case found a disturbing fact:- The Magisterial Inquiry Report revealed that Babu Lal was brought to the District Jail on 4 November 2000 with serious burn injuries. The Jail Superintendent referred the deceased to the District Hospital where he was admitted for treatment under Dr. M.L. Anandani. On 8 November 2000, the deceased was discharged from the hospital at the request of police guard and was thereafter lodged in District Jail, Banda. From the records it is noticed that when the deceased was discharged from the Hospital on 8 November 2000, Dr. M.L. Anandani, Surgeon, District Hospital had recommended that the patient be shifted to Burn and Plastic Surgery Ward, Medical College Lucknow, after making an entry in the Jail record and if for any reason he could not be sent there immediately, the patient be readmitted in the District Hospital. It appears that despite the advice of Dr. Anandani, the patient was not sent to Lucknow for specialized treatment and on 9 November 2000 the deceased was readmitted in District Hospital, Banda in a serious condition. Dr. M.L. Anandani wrote letters on 13th, 15th and 22nd November 2000 for shifting the patient to Lucknow for further treatment pointing out that his condition was very serious. From the Magisterial Inquiry Report, it transpires that despite repeated recommendations of the doctor first made, as early as 8 November, 2000, the patient was not shifted to Medical College Lucknow for specialized treatment and the authorities concerned kept on exchanging communications for sorting out the issue as to who would provide escort for shifting the patient from Banda to Lucknow. Because of this approach adopted by the authorities the patient could not be given proper medical treatment. The Commission stated, "this reflects sadly on the concern of the State authorities for human life".
The Commission emphasized that "Right to Life" is a basic human right guaranteed as fundamental right under the Constitution of India. Therefore, it is the obligation of every state functionary to protect the life of a detenue in his custody and ensure proper medical treatment for him or her as and when required. Quoting section 1058 of the UP Jail Manual which provides for the procedure for removal of a detenue in jail to the district hospital for treatment, the Commission stated that it is obvious that a prisoner can be shifted from Jail to District hospital on advice of the Civil Surgeon after obtaining sanction from Inspector General. In matters of urgency, if in the opinion of Civil Surgeon, there is danger to the life of a prisoner, he can be transferred to the District Hospital for specialized treatment and a report can be submitted to Inspector 'General thereafter for formal sanction'. Though the section is silent about the procedure to be followed for transferring the patient (detenue) to a specialized hospital located in another district yet the spirit of Section 1058 of UP Jail Manual demanded that prompt action for his transfer to Lucknow Medical College should have been taken when it was so advised by the Medical Surgeon of the District Hospital. Perhaps, slight urgency and sensitivity shown in this case could have avoided such an unfortunate incident.
The Commission observed there is a dire need for systemic change and training to sensitize the law enforcement agencies. It directed the Chief Secretary, UP and DGP, UP to personally look into the matter and bring about appropriate systemic changes so that such unfortunate incidents are prevented in the future. They have also been directed to organize training programmes for the law enforcement officers to apprise them of the provisions of jail manual and also to sensitize them to show respect towards human rights of the detainees.
The Commission recommended that appropriate directions be issued to all concerned that whenever a human life is involved and the case is of urgent nature, prompt action for proper medical treatment of the detainees should be taken by the officials concerned.
The Commission hoped that the state authorities would promptly act on the recommendations of the Commission and being about systemic changes under intimation to the Commission.
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The Commission has stated that technical considerations for shifting a patient to the hospital cannot outweigh the right of the patient to proper health care and as such, his right to life. The Commission expressed its anguish at the utter lack of sensitivity on the part of prison authorities of the District Jail, Banda, UP while handling the case of an undertrial prisoner, Babu Lal, who succumbed to his burn injuries. The Commission views it as a classic case of systemic failure resulting in a loss of life, which possibly could have been saved.
The Commission observed that records show that instead of taking prompt action to follow the advice of the Surgeon of the District Hospital, Banda, the jail authorities entered into a bureaucratic tussle with the police authorities on the point as to who was responsible for providing guard (escort) and transport for taking the victim prisoner to Lucknow Medical College for treatment.
Babu Lal, an undertrial prisoner who was admitted in the District Jail, Banda with burn injuries was sent to the District Hospital, Banda under police escort. He expired while undergoing treatment in the hospital on 22 November 2000. The Commission while looking into his case found a disturbing fact:- The Magisterial Inquiry Report revealed that Babu Lal was brought to the District Jail on 4 November 2000 with serious burn injuries. The Jail Superintendent referred the deceased to the District Hospital where he was admitted for treatment under Dr. M.L. Anandani. On 8 November 2000, the deceased was discharged from the hospital at the request of police guard and was thereafter lodged in District Jail, Banda. From the records it is noticed that when the deceased was discharged from the Hospital on 8 November 2000, Dr. M.L. Anandani, Surgeon, District Hospital had recommended that the patient be shifted to Burn and Plastic Surgery Ward, Medical College Lucknow, after making an entry in the Jail record and if for any reason he could not be sent there immediately, the patient be readmitted in the District Hospital. It appears that despite the advice of Dr. Anandani, the patient was not sent to Lucknow for specialized treatment and on 9 November 2000 the deceased was readmitted in District Hospital, Banda in a serious condition. Dr. M.L. Anandani wrote letters on 13th, 15th and 22nd November 2000 for shifting the patient to Lucknow for further treatment pointing out that his condition was very serious. From the Magisterial Inquiry Report, it transpires that despite repeated recommendations of the doctor first made, as early as 8 November, 2000, the patient was not shifted to Medical College Lucknow for specialized treatment and the authorities concerned kept on exchanging communications for sorting out the issue as to who would provide escort for shifting the patient from Banda to Lucknow. Because of this approach adopted by the authorities the patient could not be given proper medical treatment. The Commission stated, "this reflects sadly on the concern of the State authorities for human life".
The Commission emphasized that "Right to Life" is a basic human right guaranteed as fundamental right under the Constitution of India. Therefore, it is the obligation of every state functionary to protect the life of a detenue in his custody and ensure proper medical treatment for him or her as and when required. Quoting section 1058 of the UP Jail Manual which provides for the procedure for removal of a detenue in jail to the district hospital for treatment, the Commission stated that it is obvious that a prisoner can be shifted from Jail to District hospital on advice of the Civil Surgeon after obtaining sanction from Inspector General. In matters of urgency, if in the opinion of Civil Surgeon, there is danger to the life of a prisoner, he can be transferred to the District Hospital for specialized treatment and a report can be submitted to Inspector 'General thereafter for formal sanction'. Though the section is silent about the procedure to be followed for transferring the patient (detenue) to a specialized hospital located in another district yet the spirit of Section 1058 of UP Jail Manual demanded that prompt action for his transfer to Lucknow Medical College should have been taken when it was so advised by the Medical Surgeon of the District Hospital. Perhaps, slight urgency and sensitivity shown in this case could have avoided such an unfortunate incident.
The Commission observed there is a dire need for systemic change and training to sensitize the law enforcement agencies. It directed the Chief Secretary, UP and DGP, UP to personally look into the matter and bring about appropriate systemic changes so that such unfortunate incidents are prevented in the future. They have also been directed to organize training programmes for the law enforcement officers to apprise them of the provisions of jail manual and also to sensitize them to show respect towards human rights of the detainees.
The Commission recommended that appropriate directions be issued to all concerned that whenever a human life is involved and the case is of urgent nature, prompt action for proper medical treatment of the detainees should be taken by the officials concerned.
The Commission hoped that the state authorities would promptly act on the recommendations of the Commission and being about systemic changes under intimation to the Commission.
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