Very Sorry State of Affairs: HC on COVID-19 tests in Prisons

On Tuesday, a division bench of the High Court of Bombay expressed displeasure over the lack of Coronavirus testing of prisoners in Maharashtra.

The bench of Chief Justice Dipankar Datta & Justice KK Tated accepted the argument advanced on behalf the PIL petitioner, Mumbai chapter of the People’s Union of Civil Liberties (PUCL) – the largest & the oldest human rights organisation in India – that the number of tests on inmates of correctional homes across Maharashtra was abysmally low. The HC noted that the state needed to adopt corrective measures.

“The report of the ADG (prisons) reveals a very sorry state of affairs,” said the bench, commenting on a report submitted by the additional director general (ADG) of police (prisons) revealing statistical information about the prevalence of Covid-19 in prisons across Maharashtra & steps taken to contain the spread of the contagion in jails.

ADG Sunil Ramanand in his report to the HC had submitted that prion authorities had conducted 17,695 screenings of inmates & jail staff since the Covid-19 outbreak. After the screenings, swab tests were conducted for 1,681 inmates & staff, of which 269 inmates & 73 jail staff tested positive for the Covid-19 virus.

The Judges were annoyed to note that at least four under-trial prisoners died in prisons & swab samples collected after their death revealed that the deceased were suffering from Covid-19.

PUCL had moved High Court, complaining that there was a complete lack of transparency as regards the condition of prisoners & preparation of prisons to deal with a calamity like Covid-19, which has resulted in panic & concern amongst the community, family members of prisoners, & their Advocates. The petitioner sought orders to provide information regarding the health & Coronavirus status of inmates to their family members & Lawyers on record.

It also sought directions to ensure that inmates have ample access to face masks, hand sanitiser, soap, & cleaning supplies at no cost. Maintaining that prisoners should enjoy the same standards of healthcare that are available to the outside community, the petitioner body prayed for a report from prison authorities detailing measures taken for prevention & control of the spread of Covid-19 in prisons.

Noting that the ADG (prison) also stated that there was no sufficient space to quarantine prisoners who have tested positive for Covid-19, the court has now asked advocate general Ashutosh Kumbhakoni to appear in the matter. It has also requested state authorities to ask district collectors concerned to identify suitable space for quarantining prisoners.

The bench has also called for details such as the capacity of prisons to house under-trial prisoners, actual number of such prisoners lodged in jails across Maharashtra, number of inmates who have crossed the age of sixty years, etc.

The Public Interest Litigation will come up for further hearing on June 19.

Source Link