Substantial decrease in Covid cases in prisons: Jail authorities to Bombay HC

The court asked the jail authorities to consider providing mobile pathological labs for prisons rather than taking prisoners to hospitals for tests.

The government said it has been vaccinating inmates inside correctional homes depending on the stock available in the concerned district and has been giving priority to inmates having comorbidities. (File)

The state prison authorities on Thursday told the Bombay High Court that the number of Covid cases in prisons has come down substantially, and there are only five positive cases in Taloja Central Prison — the most populous prison in the state.

The court asked the jail authorities to consider providing mobile pathological labs for prisons rather than taking prisoners to hospitals for tests.

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni was hearing a suo motu PIL filed on the basis of news reports highlighting the rise in Covid-19 cases in Maharashtra jails.

Following reports of dearth of medical workers, the HC had on June 2 had asked the Maharashtra government to consider allowing doctors from nearby civil hospitals to visit jail hospitals regularly, preferably daily, on rotation to attend to ailing inmates for a minimum of two hours.

The HC had also directed the state government to consider amendments in the jail manual, which existed since ‘colonial times’, to facilitate admission of unwell inmates to nearby corporation-run hospitals.

On Thursday, Advocate General Ashutosh Kumbhakoni submitted the note on compliance of various HC directions and said that the number of Covid-19 cases in jails across the state had been brought down substantially.

Kumbhakoni said that the state home department has written to the health department to take necessary action to provide civil hospital doctors on rotational basis. He added that the prison authorities, on June 7, submitted a proposal to the home department to consider involving doctors from municipal hospitals to treat inmates.

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The state government submitted that out of 1,291 prisoners (including undertrials and convicts) who are above 60 years of age, 1,148 are vaccinated and out of 4,553 prisoners between 45-60 years, 3,476 are vaccinated.

The state added that out of 28,006 inmates between 18 to 45 years of age, only 878 are vaccinated. Overall, out of 33,850 inmates, 5,502 are vaccinated, including 1,267 inmates having comorbidities belonging to all three age groups.

The government said it has been vaccinating inmates inside correctional homes depending on the stock available in the concerned district and has been giving priority to inmates having comorbidities.

Kumbhakoni assured the court that vaccination for the remaining 27,000 inmates would be undertaken as and when vaccines are available. He added that special arrangements are made for inmates who came in contact with Covid-19 positive prisoners and they were being observed regularly.

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After suggestions by senior counsel Mihir Desai to provide basic health facilities in prisons, the court also asked the jail authorities to consider providing mobile pathological labs so that prisoners do not have to be taken outside jails for tests.

With professor Vijay Raghavan, member of Centre for Criminology and Justice in Tata Institute of Social Sciences, who is assisting the court in the PIL, suggesting that sufficient police escorts be made available to inmates visiting civil hospitals, the HC asked the state government to ensure the same.

Moreover, on Raghavan’s suggestion, the HC asked the prison authorities to provide women doctors on rotation and need basis to treat women inmates.

The court posted further hearing on the PIL after two weeks.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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