Bombay High Court Directs State & Prison Authorities To Not Insist On Production Of Aadhaar Cards By Correctional Home Inmates For CoVID Vaccination

The Division Bench of Chief Justice Dipankar Datta & Justice GS Kulkarni of Bombay High Court in suo moto plea relating to management of CoVID 19 cases in prisons of the State of Maharashtra has directed the State as well as the prison authorities not to insist on production of Aadhar Cards by correctional home inmates and to proceed for vaccination of those inmates, not having the specified identity cards, in the manner as laid down in the SOP issued by Ministry of Health & Family Welfare without any delay.

With regards to filling up of posts sanctioned for medical officers in correctional homes, the Court while granting time to the state observed that, “Omission and/or failure to deal with the concern at hand by the State in the near future may not be viewed lightly.”

In the course of hearing, Professor Vijay Raghavan gave the following suggestions:

(i) Vaccination camps could be set up within the precincts of the correctional homes so that the inmates are not required to be transported to a distant vaccination centre and thereby make them run the risk of being infected;

(ii) Family members of the prison staff may be vaccinated;

(iii) If no identity card is available with or produced by a correctional home inmate and the same impedes the process of vaccination, other particulars like bank account numbers may be looked into for facilitating the vaccination drive;

(iv) Women and children inmates infected with diseases like HIV/Tuberculosis could be considered for release; and

(v) There is a report in the day’s edition of Hindustan Times that there is an acute water shortage in Taloja correctional home and that immediate steps ought to be taken to restore the water supply.

The Court Instead of making any direction on the above suggestions, asked the State to consider the same and take appropriate steps in relation thereto within the limits of its capacity.

With an attempt to decongest the correctional homes & to compel adherence to maintenance of CoVID 19 protocol in such homes to ensure safety & well being of the correctional home inmates & the staff who as of necessity had to attend duties to thereat, the Court vide order dated April 29, 2021 had observed the following:issued the following directions:

(i) In view of the rapid surge in COVID-19 positive cases during the second wave of the pandemic and death of a convict and two staff members, the need to de-congest the correctional homes cannot be overemphasized. We consider it appropriate to request the HPC, chaired by the Senior Administrative Judge of this Court, to meet at least once before the ensuing Summer Vacation for issuing fresh guidelines on such categories of inmates, who could be released on interim bail/emergency parole to further decongest the correctional homes, and to direct the correctional home authorities to identify those inmates prima facie eligible for release in accordance therewith so that appropriate applications could be laid before the relevant magistrate/administrative authority for consideration. The HPC may, in its wisdom, identify such further categories of inmates, who could be released in furtherance of the avowed object of reducing the problem of overcrowding.

(ii) We direct the correctional home authorities to devise ways and means for regulating the entry of staff in the correctional homes, at least for the next three weeks which, as per available reports, are very crucial for the entire country.

(iii) We direct that accepting release on interim bail/emergency parole must be left to the free will/ volition of the inmate.

(iv) Although wearing of masks, using sanitizers and maintaining distancing norms have their own benefits, the introduction of the vaccine has aroused new hopes and aspirations and there is no reason as to why the inmates of the correctional homes should be deprived of being vaccinated, provided they are eligible therefor. Since we are informed that absence of Aadhar Card is posing a hurdle in the process of vaccination, it ought to be decided as a matter of policy by the executive Government as to what could be the alternative if a particular inmate is unable to produce his Aadhar Card or any other identification card prior to vaccination. Life is much more precious than production of a plastic card and the executive Government could be well advised to frame an appropriate policy, bearing in mind all attendant circumstances, to ensure that an eligible inmate of a correctional home is not deprived of the benefits of the vaccine owing to absence of an identity card like Aadhar Card. To minimize the risk of spread of the infection among the inmates, it would be eminently desirable if arrangements are made by the correctional home authorities to conduct the programme of vaccination within the precincts of the correctional homes.

(v) We hope and trust that the correctional home authorities would make earnest endeavor to increase the number of temporary prisons at par with what was available last year.

(vi) We are conscious that it may not be possible for the State to increase the number of doctors overnight, but we have no doubt in our mind that the State shall proceed to ensure that the statutory mandate of the Maharashtra Prison (Prison Hospital) Rules, 2015 framed under the provisions of the Prison Act, 1894 are complied with as early as possible. If there be dearth of medical officers, a policy of rotation could be formulated and pressed into service.

(vii) The State/correctional home authorities are also directed to consider the suggestions contained in paragraph 6 of Interim Application No. 1339 of 2021 and place its version on the next date.

(viii) A copy of the SOP prepared by NALSA shall be made over to the office of the learned Advocate General by the Associate of this Bench and in turn the same shall also be forwarded to the Undertrial Review Committee(s) [UTRC(s)]. We hope and trust that on perusal thereof, the [UTRC(s)] shall prepare their plan of action and have the same placed before us by the next date of hearing.

(ix) We direct the correctional home authorities as well as the State to do whatever else is required for the welfare and benefit of the inmates of the correctional homes as well as to bring down the number of positive cases by offering to the inmates’ proper health and medi-care facilities as well as to arrest the spread of the virus by adopting appropriate corrective measures, without waiting for any nudge from the Bench.

The matter would be heard further on May 19, 2021.

Case Title: High Court on Its Own Motion v. Vs. The State of Maharashtra & Ors.| Suo Motu Public Interest Litigation No. 1 Of 2021