Periodic Medical Check-Ups For Prisoners A Fundamental Right Under Article 21 : Madras High Court
Sanchayita Lahkar
The Madurai Bench of the Madras High Court Division Bench of Justice G.R. Swaminathan and Justice R. Kalaimathi held that every prisoner has a right to periodical medical check-ups as part of the fundamental right to life under Article 21 of the Constitution. The court made this observation while allowing a petition seeking ordinary leave for a life convict at Palayamkottai Central Prison, who had undergone right leg amputation due to diabetes during incarceration. Granting 28 days of leave without police escort, the court directed prison authorities to provide appropriate medical care, assistive devices, and a condition-specific diet, while also ordering biennial master health check-ups for all prisoners.
The writ petition was filed by the daughter of a life convict lodged in Central Prison, Palayamkottai, seeking modification of an order dated 13.01.2026 and grant of 28 days ordinary leave without police escort under the Tamil Nadu Suspension of Sentence Rules, 1982. The convict, aged 67 years, had undergone right-leg amputation on 10.10.2025 due to diabetes, venous complications, and major ulcer. It was stated that he had completed more than six years of imprisonment. The petitioner sought leave in view of his medical condition and invoked Rules 20, 22(3) and 40 of the 1982 Rules.
The respondents were the State represented by prison authorities and the Inspector of Police concerned. The Additional Public Prosecutor appeared for the respondents. The Court heard both sides. During the proceedings, reference was made to directions issued by the Supreme Court in L. Muruganantham v. State of Tamil Nadu and Sathyan Naravoor v. Union of India concerning the rights of prisoners with disabilities and obligations of prison authorities under the RPwD Act, 2016.
The Court observed, “In any prison, one finds persons with disability. Some of the disabilities are acquired while in prison.” Referring to Supreme Court directions, the Bench recorded that “reasonable accommodations are not optional but integral to any humane and just carceral system and that a transformation grounded in compassion, accountability and a firm constitutional commitment to dignity and equality is urgently needed.”
On the present case, the Court stated, “The petitioner's father suffered amputation while in prison as a direct consequence of his diabetic condition.” It further observed, “If only his condition had been diagnosed well in advance and there had been suitable medical intervention and providing of appropriate diet, such a fate would not have befallen him at all.”
The Bench recorded, “A prisoner is also a person. He is entirely in the care, custody and control of the prison authorities. They therefore have to assume the duty to be reasonably accommodative towards the special needs of prisoners with disability.” It added, “This duty can be enforced by individual prisoners with disability by filing writ proceedings.”
On medical rights, the Court held, “We hold that every prisoner has a right to have a periodical medical check up which would fall within the scope of Article 21 of the Constitution of India.” It further stated, “The jail authorities are obliged to provide such diet as is suitable for the unique body condition of each prisoner.”
Regarding the convict’s condition, the Court noted, “The petitioner's father has suffered amputation very recently and that too in his right leg. He would suffer from what is known as ‘Phantom effect’.” The Court also stated, “Merely because one is a prisoner, one cannot be given a diet that is unsuitable for his body condition. Otherwise, one's condition is bound to deteriorate.”
The Court directed, “We direct their immediate enforcement to the extent they are specifically applicable to the petitioner's father Murugesan S/o.Mariyappan. We direct the Superintendent of Central Prison, Palayamkottai to hold a master health check up for all the prisoners once in two years.”
With respect to medical and disability-related facilities, the Court stated that “All the amenities and assistive devices that are required for him shall be immediately provided. He has to be immediately provided with a cot. He has to be given the facility of a table so that he can place his essential items on it and need not bend to pick them up.” Further, “a western toilet has to be installed for his use. If it is an eastern toilet, it has to be provided with a commode facility. He may also be provided with an assistant whose services can be counted as routine prison work.”
“We direct the second respondent to grant twenty eight (28) days ordinary leave for the convict without escort.” It specified that the convict “is granted ordinary leave for twenty eight (28) from 28.02.2026 to 27.03.2026 without escort,” that he “shall be released from the prison at 05.00 p.m., on 27.02.2026 and he shall return to the prison at 10.00 a.m., on 28.03.2026,” that he “shall report before the Inspector of Police, SIPCOT Police Station, Thoothukudi District on every Thursday at 10.00 a.m. from 28.02.2026 onwards, without fail,” and that he “shall abide by all the conditions prescribed in the Jail Manual.”
Advocates Representing the Parties
For the Petitioners: Mr. S. Mohamed Yunnis Raja, for Dr. R. Alagumani
For the Respondents: Mr. T. Senthil Kumar, Additional Public Prosecutor
Case Title: M. Kalaiselvi v. State of Tamil Nadu & Ors.
Case Number: W.P.Crl.(MD)No.993 of 2026
Bench: Justice G.R. Swaminathan and Justice R. Kalaimathi
