Prisoners' Rights: Gauhati High Court orders State authorities to ensure a Gynaecologist visits prison twice a month

The Gauhati High Court Monday ordered the States of Assam, Arunachal Pradesh, Mizoram and Nagaland to ensure proper medical facilities for the prisoners in the jail, especially gynaecologist for women prisoners. .A division bench of Chief Justice RM Chhaya and Justice Soumitra Saikia said all prisons (across the four States) must have a gynaecologist and a lady doctor and the gynecologist should visit the prison at least twice a month. "The female prisoners might feel shy to speak out about their illness. It is a very personal issue, so a Gynaecologist must visit. It can be at least twice a month if not weekly," CJ Chhaya said..The bench was seized of a petition with regard to the conditions in prisons in the four States. During the hearing, the bench was informed that doctors do visit prisons but only once a month.The judges expressed displeasure over this state of affairs."What is this? Once a month visit is like a visit of a judge, which is once a month. You need to increase these visits. Also, fix a day like every Thursday or Wednesday a doctor would visit the prisons," CJ Chhaya remarked..The Bench had also taken note of the recent order passed by the Supreme court by which the apex court has called for State-wise data of undertrials, who are languishing in jails, despite getting bail from courts.In this regard, the bench was informed that in the Central Prisons in Assam, over 187 undertrials were in jail despite getting bail as they could not fulfil the bail conditions imposed by the courts. It was further informed that of these 187, the authorities have released around 134 prisoners."Now about 53 of the undertrials are still behind the bars as they haven't satisfied bail conditions," it was told.As far as the District Prisons are concerned, it was informed that 240 undertrial prisoners got bail but weren't released as they failed to fulfil bail conditions etc. "Of these, 137 have been now released while 107 continue to be in jail," the bench was told..The Bench, therefore, sought an 'action taken' report from the Assam State Legal Services Authority in this regard by next date of hearing. Meanwhile, the counsel representing Arunachal Pradesh sought some time for furnishing the data of undertrials and was given time till December 16 for the same.Lastly, the bench was informed that there are no courts in the South Salmara district of Assam due to which, prisoners from that district are taken to Dhubri district via boats. However, CJ Chhaya said that things cannot be changed overnight and assured that some decision would be taken in this regard too.The matter will be heard again on December 12.