Evaluating Legal and Economic Reform Practices Initiatives and Judicial Interventions in Right to Health of Prisoners

Abstract

Prisoners have a fundamental right to health, which is a part of the Right to Life under the Constitution of India. Time and again, courts have ruled that locked doors will not extinguish this right and that the State is under a positive duty to assure all persons in custody of adequate medical treatment, humane conditions and prompt treatment. This article examines developments in legal and economic reform efforts and the subsequent judicial responses in attempting to enforce prisoners' rights to health care. It analyses the constitutional basis, the legislations and important verdicts from Sunil Batra to recent guidelines regarding elderly, terminally ill, and differently-abled inmates. Implementation of these reforms in Uttar Pradesh with specific reference to overcrowded prisons in the National Capital Region (NCR) is specially discussed. The study points to incongruities from enlightened top-level guidelines to field conditions including overcrowding, insufficient staffing and poor medical facilities. Ultimately, the article explores the economic and legal reform practices and initiatives at government level for a more comprehensive system change to make constitutional promises a reality that safeguards prisoners' health and their dignity.