[COVID-19] Random testing of inmates, temp prisons for quarantine and more: Bombay HC disposes of PILs re prison welfare with directions

The Bombay High Court yesterday disposed of PILs filed alleging that there were inadequate facilities for the proper treatment of prisoners lodged in various correctional homes amid the COVID-19 pandemic (PUCL v State of Maharashtra)..From time to time, the Court had passed several interim orders in the matter for the welfare of prisoners, including directions for the expeditious disposal of interim bail applications by the High Powered Committees constituted for the decongestion of prisons amid the contagious pandemic. .A Bench comprising of Chief Justice Dipankar Datta and Justice MS Karnik has now directed that all these interim orders be fully complied with by the State Government..The Court also took note of a report filed by the State on the measures to be undertaken in prisons in view of the pandemic of COVID-19..Inter alia, the State had proposed to set up temporary prisons which could also be used as 'Quarantine Centre' and 'COVID Care Centre'. Measures were also outlined for the daily thermal scanning of prisoners, who may be shifted for monitoring or treatment if their temperature is unusually high and /or if the show other symptoms of COVID-19. .The Court has ordered that these measures should be strictly implemented..Further, certain measures suggested by the petitioners were also accepted by the State through Advocate General AA Kumbhakoni during the course of the case, including the following:Staff deployed in the correctional homes will be tested in the same manner as the inmates as per SOP.As far as possible, the staff deployed in the correctional homes/ temporary prisons shall be posted in the present place of posting and they will not be rotated.The guidelines issued for the maintenance of hygiene and safety measures for the inmates by the Central Government, State Government or its authorities will be complied with.A dedicated e-mail ID for lawyers for taking appointment with their inmate-clients in the correctional homes will be notified at the earliest on the website of the prison authorities.The inmates will be educated on the importance of preventive measures and hygiene. Awareness programmes to contain the spread of the virus will be organised on regular basis by the Jailor/Competent Authority of the correctional homes including temporary prisonsThe women inmates shall be provided in advance with good quality sanitary napkins for free and the prison authorities shall ensure proper hygiene and appropriate facility for disposal of sanitary pads at all times.Telephone call facilities to contact the family members of the inmates shall be made available in the temporary prisons in the same manner as is being done in the case of regular correctional homes.The prison authorities will inform the family members / relatives of the inmates upon their transfer to the temporary jails and/or quarantine centres and/or COVID Care Centres.Every possible endeavour will be made by the Prison Authorities to scrupulously follow the guidelines issued from time to time, not only by the ICMR but also as issued by the Central Government, State Government and its various departments in regard to the virus, unless on account of security concern in temporary prisons, the authorities are unable to do so.The details of the 37 temporary prisons will be uploaded on the website along with other necessary details as done in case of correctional homes..The Court proceeded to dispose of the PIL with the following directions:The prison authorities were directed to refer any inmate for testing in case of any signs of physical discomfort like cough, cold, etc.The state government was directed to notify the details of the 37 temporary prisons on their website.Apart from maintaining a record of the measures to be undertaken the family members/ close relatives of the inmate were to be immediately informed about his or her health condition relating to the infection of the Coronavirus.The prison authorities were directed to implement the measures for random testing.The State to deploy sufficient/ additional staff at the correctional homes and temporary jails/Quarantine CentresThe correctional homes/temporary prisons shall abide and comply with the guidelines issued by the Public Health Department of the State Government..Lastly, the assurances of the Advocate General on behalf of the State that the SOP for the well being, safety and precautionary measures would be revised from time to time at regular intervals after seeking the opinion of the experts in the field of medicine and health care were also accepted..Read the Order here: