Medical Care is Fundamental Right Even for Prisoners: Delhi High Court

The Delhi High Court held that the right to medical treatment is a fundamental right available even to prisoners and undertrial accused.

Allowing a murder accused to undergo medical tests, the Court observed that incarceration cannot be a ground to deny necessary healthcare. Taking note of a medical report indicating serious neurological concerns, the Court directed AIIMS to conduct CT and MRI brain scans on a priority basis.

It clarified that withdrawal of an interim bail plea would not affect the accused’s right to medical treatment while in custody.

The Court emphasized that courts must balance the accused’s right to health with the interests of the State and the complainant.

[Jagarnath Shah @ Lala v. State (NCT of Delhi)]