NEW DELHI: Underlining the fundamental rights inside a prison, the Delhi High Court held that a convict who got disability caused by an injury from his work inside the jail has to get compensation, saying his pain is not different from a free citizen.
Justice Swarana Kanta Sharma said the justice for inmates who suffered disability due to an injury in the prison, has fundamental right to get justice and compensation as per law.
“While this judgment does not intend to create new rights of prisoners, it expresses and reiterates the recognition of right to equality, right to life and human dignity of a prisoner who has been convicted,” the order read.
The court was dealing with an issue regarding payment of compensation and its quantum, to a convict inmate of Tihar Jail who has suffered amputation of three fingers of the right hand while working in the factory of the prison.
The order added that the fundamental rights should not remain on paper and it is the duty of courts to ensure that they become living law and in practicality assist, help and guide the citizens. “The injury and disability suffered by the applicant in this case cannot be assessed to be lesser in pain and suffering compared to a free citizen. Pain from an injury cannot be different for a convict and a free citizen,” it added.
The petitioner was seeking to get functional prosthesis for regular working of the amputated fingers of right hand at state expense from any private hospitals in which this facility is available and to grant compensation for the loss suffered by him.