In a tolerant and measured move, the Bombay High Court has handed down a conditional four-month bail to an 81-year-old murderer who is serving a life term, so that he can undergo a life-saving knee replacement surgery. The court’s move highlights an area within India’s legal system that affects old prisoners who have serious health problems and are incarcerated for a long period.
The prisoner, whose identity is being kept anonymous as it would breach Privacy and court procedures, has been serving a life term imprisonment for several years due to an offense related to murder committed as a result of a personal issue. Although the offense and life term imprisonment were confirmed due to appeal rejection, due to the ill health associated with the convict, a petition was filed by members of his family. Medical documents provided to the court revealed severe osteoarthritis, which had reached an advanced stage and caused considerable limitations on his movement due to associated pain.
During the hearing, it was argued on behalf of the petitioner that due to the age and health conditions of the convict, it would be almost impossible for him to get proper treatment within the prison facilities. Although it was ascertained that basic medical facilities were being provided to the convict, it was also cited that no specialized surgery could be performed on the convict within the prison hospital that would enable him to walk again.
The prosecution, despite not contesting the medical opinion, had some reservations about the gravity of the offence and the need to uphold the integrity of the sentence. They stipulated that while humanitarian reasons were justified, it was necessary that the court ensured the culprit did not abuse the indulgence offered to them. The prosecution also added that prisoners who sought bail on previous occasions had caused considerable delay in their return to prison.
After examining medical documents, submissions made by jail authorities, and judicial precedents on compassionate bails, the High Court ruled that surgery on the convict was both an immediate and unavoidable necessity. The court added that under the Indian Constitution, there existed scope for humane treatment for all prisoners, despite the crimes they have committed. All criminals possess BASIC rights, and these include medical attention.
The court’s directive contained some tough terms. The offender would have to be within the jurisdiction of the hospital and his residential area, report his whereabouts to the investigating officer, and have no contact with anyone who might be a witness or relates to the case. Moreover, there would be reports about his status and progress every two weeks. Also, it was directed that there would be regular checks by authorized authorities to monitor if these provisions were being followed. The court made it clear that it had granted bail solely for medical reasons, and without “exceptional and thoroughly documented” reason, there would be no extension.
It should be noted that the ruling is consistent with previous court judgments relating to inmates who were old or ill with serious health problems. It should be noted that with regards to inmates who are incarcerated within the country as a result of an offence committed, there have been various judgments that emphasize that it should not deprive an inmate of humane treatment.
This case has brought forth discussions on the type of facilities provided for senior prisoners within Indian jails. Several human rights activists have argued that several prisons do not have the necessary medical facilities, an issue which poses serious problems with aging prisoners. It is suggested that regular auditing of prison hospitals, collaboration with leading medical facilities, and medical bail guidelines could offer solutions to prisoners and lawyers on unnecessary court battles. The family of the convict welcomed the news and said that it could have come at a better time as his health had deteriorated considerably over the previous months. The surgery, he added, would not only alleviate his pain but would enable him to perform daily functions.
The family has already arranged with a private hospital for the surgery, which would take place in a couple of weeks. As the convict readies himself for his medical operation, it should not be forgotten that he still has to carry out his prison term as ordered by the court. However, before he does, it must be noted that he will get all the medical attention he needs as he winds down at the end of his life. As soon as the four months are over, he will be back inside serving out his term.
