CHENNAI: Observing that constitutional rights do not stop at prison gates and that the right to life under Article 21 includes access to appropriate medical treatment, the Madras High Court has allowed an undertrial prisoner lodged in Central Prison, Cuddalore, to undergo treatment at a private hospital.
A division bench of Justices G R Swaminathan and V Lakshminarayanan passed the order on Friday on a petition filed by T Devanathan Yadav, chairman and managing director of Mylapore Chit Funds Limited, who has been in custody for nearly 600 days in connection with a case under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act.
The court directed prison authorities to shift him for 10 weeks to a private hospital chosen from three options identified by him to undergo treatment for multiple ailments, including spinal and shoulder conditions requiring surgery and physiotherapy. The transfer will be subject to security considerations and payment of expenses from an independent source.
The bench noted that while an undertrial’s right to be represented by a lawyer of his choice is protected under Article 22 (1), the question was whether the right to life under Article 21 also extends to treatment by a doctor or hospital of one’s choice. Answering in the affirmative, the court observed that a patient’s confidence in the treating doctor and hospital environment could have a bearing on recovery. The judges, however, clarified that the right is not absolute and may be restricted on security grounds.
Rejecting objections raised by the state and a depositors’ association, the court made it clear that the order did not amount to granting bail. It directed that Yadav should remain in custody during his hospital stay, be confined to the hospital premises, be barred from using a mobile phone and be kept under round-the-clock police surveillance. It also directed that all medical and escort expenses be borne by a friend of the petitioner and not from funds belonging to depositors.