By Yartharth Raj Khurana
We all know that Most of the person believed that prisoners go to the jail as a punishment but actually it is not for the punishment. In jail, prisoners thinks that it is a very closed environment for usand right to liberty is enforced by containment and it implies an loss of individuals.We believe that if we keep the individual prisoner in the custody so, it should not cause any harm or damage to his health. But in India many prisons are not safe and the prisoners health is not good in custody of the state.
There is one question related to the prisoners health that “Right to service health is provided tothe prisoners by the prison authorities”?
Answer is that prisoners have a civil rights and political rights and it consulted by the international treaties. They have a absolute right to take care of his health and no disease come and around to the prisoners. Prison jurisprudence liable for the prisoners health and they have a duty to check that no prisoner should not lose their rights only because of imprisonment. It is the very important point to be noted that public health policies duty to check and provide the health services or health facilities to the prisoners. They give the best living conditions to all the prisoners and all the members of the society. In custody the prisoners rights has absolutely loss which is continue from the starting.
If we talk about the India, in India so many jails are overcrowded and just because of this it effects the hygiene. We talk about the Tihar Jail, Tihar Jail is not good for prisoners health, not provided the healthservices. In Jail, The conditions are not good ofprisoners health. Basic things or we can say limited things are not provided in Tihar jail.In India, prisoners are not tested for specific diseases or any specific infections. No viral infection are tested for prisoners health. In other countries some prisoners go to the medical examinationwhen their sentences are announcing or serving.If health services have any doubt on any prisoner of specific dangerous diseases in India they provide separately of prisoners and check their health in India’s prison. We can see that some jails or prison due to spread infection they talk to social organization or health services organization for prisoners health which to stop the infection in prison and no harm to the prisoners health. Some prison established informal contracts with some organization that is social organization or health service organization and any other health facilities organization.
The main reason of prisoners health is the Violence. Violence is generally happen in every jail. Clashes or Conflict is the main reason for prisoners health because it effects the mental ability of prisoners. We have said that in Jails overcrowded conditions are very big and huge if prisoners are closed and overcrowded situations increasing gradually the conflict has to be done between the prisoners. If in jail, violence is increasing the environment would be very boring, lack of occupation of mind, lead to frustration and tension. Just because of this environment the prisoners started the risky activities like drugs, sex between men etc.Other prisoners started the encouraging to do all such things and risky activities for gaining the money or to get some power. All such dangerous activities can lead to the transmission of diseases from one prisoner to another prisoner. If public health service is unchecked their prisoners health, it is the created or produce the services for health of prisoners. If in prison is exist any disease so, the prisoners not go to that jail or prison. This is always right thing is that the disease is dangerous and that disease related with the HIV/ AIDS so that the fact is very necessary for the prisoners. Some Rules are regulate for the prisoners health care.Other than civil and political rights, the ICESAR that is (International covenant on economic rights, social and cultural rights)is also apply to prisoners and it includes the second generation economic, social human rights and cultural rights.The highest achieve standard conditions should also apply to prisoners health care and health services. The right to health care and health environment is generally connected with each other, on the other hand if the case of HIV the first generation rights such as personally, non-discrimination and privacy. If the situation of detention the prisoners cannot stop for themselves and the fully responsibility of the state to check the prisoners and prisoners health. In jail, the human environment is risky, conditions are bad, high risk environment is created. Generally this type of violence is happen because lack of health services or by those voluntarily prisoners who with the positions of power and gaining money. Some powerful prisoners forced the weaker prisoners to do the violence or do the dangerous activities. Right to health care and Right to live conditions safety is guaranteed for their individual prisoners.In a prison to have a knowledge of administration and they know about the HIV is likely to be transmitted in a given prison. The risky activities such as violence, use of drug, sexual relation between men are generally happen in India’s prison and the state has the responsibility to take care of the prisoners and the check or give better surveillance to the prisoners and the prisoners health. The Indian prisoners who are the tested and proved HIV Positive it should not be denied any education, access to outside world and recreation. Human rights are applied for the prisoners to care the health services or health conditions and it is equivalent for the outside population also. Prison is a closed institution because of equity and a custodial role not always allow care of the provision.Just because of dangerous activity, unfavourable conditions and that conditions are not good for the prisoners so, the prisoners are feel bad in a prison and they health are not good in a custody state. Because of lack of health facilities, the health situation of prisoners are not very strong in prison and they feel is likely to be bad health in a custody state. In a outside population and outside community the health facilities and health services are very important for the prisoners. But unfortunately in India Even basic health conditions are not provided to the prisoners and health situation of prisoners are very difficult just because of health system is not good and it is not enough for the prisoners. If we talk about the medical point of view the prisoners are not separated as long as in prion. Positive HIV prisoners should not be separated in solitary confinement. No restrictions are required for prisoners but exceptionally restriction is require so, it is very important for prisoners health to provide their health services and secure their safety. It is very important for the state or custody state or prison authorities to test the health facilities or health care of prisoners which no dangerous activities go around there.If prisoners health is not good or the prisoners have proved HIV Positive so, it is the duty of the state to check their health situation, no detention is required to the prisoners and they have a duty to keep prisoner in secure unit for safety. The state keep the prisoner in secure unit for safety, no violence is there, no dangerous activities and no harmful for their prisoners health if HIV positive prisoners keep in secure unit under the surveillance of custodial state.
There two essential elements are required when violence is increasing and any health situation arises towards the prisoners so, two main elements are always there that problem is to be resolved that is prison reform and penal reform. If overall prisoners population will be less so, prisoners health situation will have to change and it will definitely improve the physical and mental conditions of the prisoners health. If population is less no effects towards the prisoners health. Working conditions will be improved of prisoners and it also helps to ensure the security of all individuals in custody. The financial resources will also be improved of the prisoners for health care system. The main reason of prisoners health is that in prison population would be changes punishment or sentencing for non-violent and civil offenders.
One case law is related to the health care of prisoners and that is
Parmanand Katara Vs Union of India (1989)
The Supreme Court and the state held that any prisoner either criminally liable or the prisoner is innocent person the same rules are made for every person. Right to live, Right to freedom etc. Is made for all the persons of India and it applies to the prisoners also. In detention situation some conditions are required for prisoners and responsibility of the duty to check their prisoners health conditions. In the Universal Declaration Human Rights(UDHR) all the rights are given in this such as right to conditions, adequate for the health and well-being etc. These rights are given in the UDHR and these rights should be give to the prisoners also. The International covenant on social, economic and cultural rights stated that all the members of the society and the prisoners as well have a right to highest physical and mental standard health conditions because it states that all the members are equal in society included the prisoners and all the prisoners and members have a same right by economically, culturally and socially. All the convents have a same right, same duties for all the persons and no person can take these rights by another person but if any person take human rights or any other rights so, take action against that person. Prisoners have also a right when in their detention situation or if any other health situation the rights are equal for all the prisoners as well.
Now We all Know that in India’s prison situation are not good and conditions are not satisfied.For example Tihar Jail situation is very critical. Prisoners health services are not good and not provided any facility by the custody state or custody authorities. Prisoners punishment it doesn’t look like a punishmentactually.Prisoners have a civil and political rights and those rights are given by the state authorities.But these rights are not given to the individual of prisoner. The fully responsibility of the state to check their prisoner health and provide some health facilities. No health facilities are required from the state authorities and no under surveillance of the state which as a result of the dangerous activities in prison such as use of drugs, sex between men etc. Such dangerous activities can lead to the transmission of diseases from one prisoner to another prisoner. Overcrowded prisons has effected such prisoners health. No tested for any infection or any disease of prisoner. Viral infections spread in every jail due to no tested for infection of prisoners. It effects the hygiene due to overcrowded areas in jail.We also studied that Violence is also the main reason of prisoners health because it effects the physical and mental ability conditions and health of prisoners. Conflict increases between the prisoners and it also lead to living conditions are also get closed in a conflict.In prison due to closed environment dangerous activities happen each and every time. But some jails have established and communicate formal or informal contracts with any other social organization, health service organization etc. To stop the infection and to stop the diseases.Public health policies provided somebasic health services to the prisoners but not only the prisoners it is made the policy for all the members of the society. We talked about the HIV positives also if the HIV positive prisoners proved so, it is the duty of the state to keep that prisoner in a secure unit for safety while it is the benefit is that no violence would be happen and no health issue is created by prisoners. No solitary confinement for HIV positive prisoners. Sexual coercion and violence are main issue so, in this scenario better surveillance is required by the state authorities. The two main elements we have studied in this topic that penal reform and prison reform which is the prisoners conflict is to be resolved.
If we want in India state provides better health services for all the prisoners so that, there are three main factors or things are required that is –
1)No violence would be happen in prison.
2)Prison population would be less which is improvement of physical and mental conditions of prisoners and no effects towards the prisoners health.
3) Public polices are made for the prisoners health but it not gives to every prisoner while it should be provided to all the prisoners.
4) International covenant on social, economic and cultural rights states that prisoners and all the members of the society have the equal right by economically, culturally and socially. So, it should be provided also to the prisoners.
5) In Universal Declaration Human Rights included those rights and conditions should be given or provided to all the prisoners of India.