Medical Care Is a Fundamental Right Even in Jail: Delhi High Court
The Delhi High Court has clearly stated that medical care is a fundamental right, even for people who are in jail. The Court allowed a murder accused to undergo a brain scan after medical reports showed serious neurological issues.
Justice Girish Kathpalia emphasised that a person does not lose the right to health merely because they are in judicial custody. The Court observed that the accused is still an undertrial and not a convicted criminal, and even convicts are entitled to proper medical treatment under the Constitution.
The accused had sought interim bail on medical grounds to undergo a CT scan and MRI at Safdarjung Hospital. However, during the hearing, it was pointed out that a Sessions Court had earlier refused to extend his medical bail, and this fact was not disclosed to the High Court. Following this, the accused withdrew the bail plea.
Despite allowing the withdrawal, the High Court made it clear that medical treatment cannot be denied. Taking note of the medical records, the Court directed All India Institute of Medical Sciences (AIIMS) to conduct CT and MRI brain scans on a priority basis within one week.
The Court also highlighted that judges must balance two concerns—ensuring that an accused gets necessary medical care, while also protecting the interests of the State and the complainant. Directions were issued to the investigating officer and jail authorities to ensure smooth compliance with the medical examination order.
