HC raises concern over terminally ill prisoners, directs State to act on 2010 advisory 

Maharashtra government directed to consider proper implementation of advisory for terminally ill prisoners in Yerwada Central Prison.

After a visit to Pune’s Yerwada Central Prison on December 15, a Division of Justices Revati Mohite-Dere and Prithviraj Chavan directed the Maharashtra government to consider proper implementation of Union Government’s August 2010 advisory for terminally ill prisoners. As per the advisory, any prisoner identified as someone suffering from any terminal illness shall be either granted bail on medical grounds, parole, furlough or put in house arrest or in the custody of their family members for their treatment. If needed, in some cases, special medical care could also be given to such people while they are in prison. 

The Bench who visited the inmates of Yerwada Central Prison particularly women prisoners to inspect the living condition and amenities inside the prison, ordered the State government on Monday to submit a detailed affidavit in response to the suggestions, concerns about the mental health of prisoners and on the implementation of the advisory.  

The Bench was hearing a petition filed by an individual named Arun Bhelke, who along with his wife Kanchan Nanaware were arrested in a 2014 case under provisions of the stringent Unlawful Activities Prevention Act (UAPA). The couple on an undertrial were lodged in Yerwada Prison. However, the wife was diagnosed with a terminal illness in September 2020 and her medical bail applications were rejected by the Sessions Court. On approaching the high court, the woman was referred to a medical board where she was recommended for heart and lung transplant. Before any order could be passed, she died in January 2021.  

The petitioner urges the high court to direct the State government to scrupulously implement the 2010 advisory and the provisions of the Maharashtra Prisons [Review of Sentences] Rules, 1972, to avoid such cases in the future from happening to any prisoner suffering from terminal illness. 

Representing Mr. Bhelke, senior advocate Gayatri Singh submitted to the Bench that rule 27 of the Maharashtra Prisons (Review of Sentences) Rules, 1972, is applicable to convicts and empowers the Superintendent of Prisons to hand over a terminally ill prisoner to his or her relatives on certain conditions to allow a person to live their last days among their family. 

Representing the State government, additional Public Prosecutor, Prajakta Shinde submitted to the Bench that the prison authorities have already prepared a proposal to build an in-house hospital inside the prison along with a laboratory facility.  

The Bench observed, “They [prisoners] might not open or divulge details of their mental health before an in-house psychiatrist. Thus, we think you [State government] must have a visit of a psychiatrist from outside.” The matter will be further heard in January 2025.