Prisoner suffering injuries while working in prison entitled to compensation: Delhi High Court issues guidelines

The Delhi High Court on Friday held that a convict who has suffered disability due to an injury suffered while working in the prison has the fundamental right to get justice and compensation [Ved Yadav v State of NCT of Delhi]..Justice Swarana Kanta Sharma noted that, at present, neither the Delhi Prisons Act of 2000 nor the Delhi Prison Rules of 2018 say anything about what happens to the lost time and wages of the convict rendered incapable of working after his accident or after having had an amputation.The Court said that the prisoners have the right to live with dignity and they cannot be made to suffer due to inadequacy of policies that have failed to consider a particular eventuality..Justice Sharma, therefore, issued guidelines to quantify and award compensation to prisoners who suffer amputation or other life-threatening injuries while working in prisons.According to these guidelines, in case a convict suffers amputation or life threatening injury while working, the jail superintendent will be duty bound to inform about the same to the concerned jail inspecting judge within 24 hours.A three-member committee consisting of Director General, Prisons, medical superintendent of a government hospital and secretary of Delhi State Legal Services Authority (DSLSA) of the district from where the convict has been sentenced will be constituted. The committee will assess and quantify the compensation to be paid after examining the opinion of a board of doctors which will be constituted at their request by the treating hospital..An interim compensation will be provided to such victims in case of amputation or life threatening injury, the Court underlined.“This arrangement will remain in place until necessary guidelines in this regard are formulated, or rules are made or amended in this regard or any amendment is brought in the Prison Act, 1894 by the wisdom of the Parliament of India, or in Delhi Prisons Act, 2000 to deal with such a situation.”.The guidelines were issued after a murder convict named Ved Yadav approached the Court seeking compensation after he lost three fingers of his right hand while working in Delhi’s Tihar Jail.Yadav was taken to AIIMS for providing functional prosthesis but the hospital authorities said that they only had cosmetic gloves. Thereafter, the petitioner checked with the jail superintendent, however, he was informed that his application for grant of compensation and for providing functional prosthesis at State’s expense has been returned without stating any reasons.He then moved the court..After considering the case, the bench ordered that since an interim compensation of ₹50,000 has already been provided to the petition, his case for enhanced compensation and for providing functional prosthesis will be decided in light of the above guidelines. .While issuing the guidelines, Justice Sharma also dealt with the issue of whether the convicts can be treated as an employee. The judge answered the question in the negative holding that a convict does not voluntarily enter into an agreement or contract to work but they have been forced to do so by statutory mandate or by a judicial direction.“In such circumstances, when there exists no employee or employer relationship between prisoners and the jail authorities; for work related injuries they should be provided protection and remedies as the Constitution vision does not permit that any citizen should be rendered remediless in case of commission of an offence or infringement of a fundamental right or availing compensation for injuries even as a prisoner,” the Court said. It finally ordered its judgment to be forwarded to the DG Prisons, Secretary of DSLSA, Secretary of Ministry of Health and Family Welfare as well as Department of Health, Delhi for taking note and ensuring compliance..Advocate Vishesh Wadhwa appeared for the petitioner.Additional Standing Counsel Yasir Rauf Ansari and Adeel-ul-Hasan appeared for the State..[Read Order]