Madras High Court asks jails to provide sugar free coffee, tea to prisoners after convict loses leg to diabetes

A bench of Justices G R Swaminathan and R Kalaimathi was hearing the plea of the convict’s daughter seeking 28 days of leaves without police escort to her father, a life convict lodged in Palayamkottai Central Prison.

A bench of Justices G R Swaminathan and R Kalaimathi was hearing the plea of the convict’s daughter seeking 28 days of leaves.

“The diabetic prisoner must be given the medicines and if necessary, insulin treatment also. Every prisoner identified as diabetic, ought to be given the option of taking an appropriate diet. For instance, the coffee or tea that is given to them should be sugar-free,” the court noted.

Lifer loses leg

• The petitioner’s father was undergoing life imprisonment in Central Prison, Palayamkottai. He spent more than six years in prison.
• The petitioner’s father suffered amputation in his right leg on which the petitioner sought 28 days ordinary leave for his father.
• Petitioner had already spent more than six years in prison and was suffering from severe health issues following the amputation in his right leg recently.
• Because of his disability and deteriorating health condition, it was requested that he be granted ordinary leave to recover and receive proper care outside the prison environment.
• The prison authorities had earlier declined or modified the request, which prompted the petitioner to approach the high court seeking judicial intervention.
• The central issue before the court was whether the authorities should grant leave considering the convict’s medical condition and the applicable prison rules.

‘Provide western toilet’

• In the case on hand, we want to focus our attention on amputee-prisoners.
• The petitioner’s father suffered amputation while in prison as a direct consequence of his diabetic condition.
• If only his condition had been diagnosed well in advance and there had been suitable medical intervention and providing of appropriate diet, such a fate would not have befallen him at all.
• The 2016 statute introduced the concept of reasonable accommodation which the State and the society must show towards persons with disability.
• Since the incidents of diabetes is on the rise among the general public, it is reasonable to presume that among the prisoners also, there may be quite a number suffering from this condition.
• Since during night hours, the prisoner cannot move out of his cell, a western toilet has to be installed for his use.
• If it is an eastern toilet, it has to be provided with a commode facility. He has to be given counselling and there should be rehabilitation activities.
• The amputated portion may develop ulcers and hence, there has to be periodical medical check ups. Since the petitioner’s father is a diabetic, his diet should be tailored accordingly.
• It is not known if the petitioner’s father requires a wheelchair or a crutch.
• All the amenities and assistive devices that are required for him shall be immediately provided. The convict in question is a senior citizen too.
• Therefore, he should be housed in a block from where toilet and dining facilities can be easily accessed.
• He may also be provided with an assistant whose services can be counted as routine prison work.
• A prisoner is expected to work and the assistance provided to the petitioner’s father can be counted as a part of a prisoner’s prescribed duty.
• We hope the current incumbent Superintendent of Palayamkottai Central Prison would take her as a role model and ensure that Central Prison, Palayamkottai is a model prison when it comes to respecting the rights of prisoners with disabilities
• Since an early diagnosis can prevent calamities such as amputation, we direct the Superintendent of central prison, Palayamkottai to hold a master health check up for all the prisoners once in two years, the court directed.
• Superintendent of prison, Palayamkottai Central Prison, Tirunelveli directed for immediate enforcement of the directions laid in L Muruganantham v State of Tamil Nadu and Sathyan Naravoor v. UOI to the extent they are specifically applicable to the petitioner’s father.

The request was made under the Tamil Nadu Suspension of Sentence Rules, 1982, specifically invoking provisions that permit temporary release of prisoners under certain circumstances. The plea was based on humanitarian grounds, as the prisoner had recently undergone right-leg amputation due to diabetes and related complications.

(With inputs from Sumit Kumar Singh)