Hindustan Times (Lucknow)

A medical cadre for correction­al homes

The State is both the health provider and the sentence implemente­r for prison inmates. It needs to ensure swift and quality treatment of illness — physical and mental — for them

- Gopalkrish­na Gandhi

Thank God for the Right to Informatio­n (RTI) Act and thank God, too, for Aruna Roy who was its chief initiator, and Wajahat Habibullah, who, as the first Chief Informatio­n Commission­er, set its standards high. Responding to a recent RTI query filed by an advocate in Madurai, KR Raja, a reply came saying that between January 2022 and February 2024 — a space of two years — 118 inmates in five central prisons – Madurai, Coimbatore, Tiruchirap­palli, Cuddalore, and Vellore — died. The query related to these prisons located in Tamil Nadu but there is no doubt that the statistics are not a reflection on central prisons in that state. They would be found to apply all over India. And there is no suggestion in either the query or in the reply that there was anything to the deaths other than illness and death.

But reading the report I could not help having the following thoughts.

Prisons — now appropriat­ely called “correction­al homes” — are where the homemaker is the State. The difference between these homes and any other residence is that its inmates are not there of their own accord but because they are either undergoing a trial for one or another offence under the IPC or have been convicted for a term in those “homes”.

This arrangemen­t casts two responsibi­lities on the homemaker, namely, the State: One, to ensure that the processes of lawful penology are observed and the inmates are confined according to those processes; and two, to also ensure that the inmates suffer no privation (other than their compulsory confinemen­t) which will adversely affect their physical or mental status.

The second responsibi­lity may be regarded and described as subsidiary to and a corollary of the first but it is nonetheles­s there. The health of the inmates of correction­al homes is the responsibi­lity of the homemaker, namely, the State. No confinemen­t, either during the trial or under conviction includes as a part of the arrangemen­t, the additional concomitan­t of a breakdown in the inmates’ health. No punishment includes inter alia a health breakdown.

Inmates of correction­al homes are just as vulnerable and susceptibl­e to illness as anyone anywhere. But two situationa­l issues arise: First, an inmate has no opportunit­y while housed there, to seek or obtain medical redress of her or his own choice and free will. She or he cannot say, for instance, while in a prison in Delhi, that she or he would like to be treated at AIIMS.

The inmate is at the mercy of the home’s discretion in the matter. Second, the inmate who is unwell becomes at once two entities, a prisoner and a patient. During the incumbency of the infirmity, according to the common laws of prioritisa­tion, the patient supersedes the prisoner for attention. And thereby the homemaker, i.e. the State, becomes a health provider in addition to being a sentence implemente­r.

As per official statistics, by the end of 2022, India had 1,330 correction­al homes of all categories, housing 5,73,220 inmates, 75% of whom were undertrial­s. These nearly 600,000 human beings are the penologica­l and medical responsibi­lity of the State, whether represente­d by the central government as in the case of central prisons or the state government­s in respect of the others. It is nobody’s case that the State must ensure that these 600,000 human beings do not fall ill. That is not reasonable, not scientific. But it is the undeniable case that the State must ensure the swift and quality treatment of illness, physical and mental, where it occurs, of correction­al home inmates.

I am putting the following to my reader and the authoritie­s. India must set up a medical authority exclusivel­y for its correction­al homes, making medical expertise a partner of their punitive expertise. Without this, they cannot carry out their second responsibi­lity, namely, their inmates’ medical health. Without such a setup, for instance, the military would be unable to maintain health standards in barracks, cantonment­s, or units in the field. Medical personnel hold ranks in the military services.

The same should be the case with our correction­al homes. Just as there are superinten­dents and wardens exclusive to them, so should there be medical profession­als, including physicians, surgeons, and nursing cadres comprising a medical wing to assist the officers in charge of correction­al homes. Requisitio­ning specialist doctors from “outside” can always be done in emergencie­s but a standard operating system must be in place.

I can anticipate the reaction: So, you want jails to morph into hospitals, right?

While saluting the healthy cynicism behind that comment, I would say no, I am not doing that; I am only suggesting that our jails should not be thought of as a place where you are confined but also a place where you are left to sicken and, God forbid, follow the 118, whom the RTI reply to advocate Raja showed, on their unintended “journey out” of the home.

At the end of the day, the issue is about how we as a modern society, and the post-colonial State as our society’s most prominent public entity, view our responsibi­lity towards prisoners. Do we look upon them as persons who need the opportunit­y to emerge from their incarcerat­ion as better people? Illness and death in jail have, globally, a morbid history. Kasturba Gandhi died of illness in the British Raj’s custody, with medical aid leaving much to be desired. Syamaprasa­d Mookerjee died a prisoner in Srinagar, with the nation still unconvince­d about the medical aid received by that patriot. Jayaprakas­h Narayan’s critical illness while he was a prisoner during the Emergency elicited a comment from Dr MK Mani, who later restored him, that saving his life would have been easier had he come to hospital care two weeks earlier.

We are citizens of a Republic not subjects of a medieval order. Our prison reforms are incomplete without a credible medicare component.

 ?? VIPIN KUMAR/HT PHOTO ?? Prisons — now appropriat­ely called “correction­al homes” — are where the homemaker is the State
VIPIN KUMAR/HT PHOTO Prisons — now appropriat­ely called “correction­al homes” — are where the homemaker is the State
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