"Terminally-ill prisoners should be treated with sympathy": Calcutta High Court

On Friday, the Bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee ordered the State to permit terminally ill prisoners (TIPs) to be shifted to home imprisonment so that they may have a dignified and peaceful death in presence and care of family and friends.

Prisoner suffering from a terminal illness should be treated with sympathy: Calcutta HC

Earlier on 9th of October, 2020, an affidavit had been filed, identifying TIPs in the State. Now the bench has ordered the State to shift identified prisoners to their respective homes.

The bench clarified that the TIPs would be kept confined in their houses and that the police should ensure that they do not come outside their homes, except in cases they go for treatment at hospitals, medical centres or clinics. Also if required, bonds or other non-financial guarantees may also be obtained from the prisoner's next of kin.

The Bench further urged the State to be sympathetic in this matter, since the goal is to provide some level of comfort to TIPs before they die. The court directed the state to follow a circular issued by the central government in this regard, The court also pointed out that Rule 591 (5) of the West Bengal Jail Code contains a similar provision. The said circular was issued in the year 2010 and specified guidelines for taking care of TIPs.It also suggested that in case the prisoner’s family is not financially capable of taking care of the TIPs, the same should be done in correctional homes. 

It ordered State to give effect to the 2020 Circular as to keep in mind the abovementioned Rule 591 (5) as well when it comes to the treatment of terminally ill prisoners. The Court further directed for the immediate implementation of the order, observing that it may take a while for the amendment of prison manuals or jail codes to reflect these measures.