Assam: Gauhati HC orders state authorities to ensure doctors visit prisons twice a month

The Gauhati High Court on December 5 ordered the states of Assam, Arunachal Pradesh, Mizoram, and Nagaland to provide proper medical facilities for prison inmates, particularly gynaecologists for female inmates.

A division bench of Chief Justice RM Chhaya and Justice Soumitra Saikia ruled that all prisons (in all four states) must have a gynaecologist and a lady doctor, with the gynaecologist visiting the prison at least twice a month.

"Female prisoners may be afraid to speak out about their illnesses. Because it is such a personal matter, a Gynaecologist must be consulted. It should happen at least twice a month, if not weekly "CJ Chhaya stated. The bench was called in to hear a petition about prison conditions in the four states.

The bench was informed during the hearing that doctors do visit prisons, but only once a month.
The judges expressed their displeasure with the current state of affairs.

"What exactly is this? A once-a-month visit is similar to a judge's once-a-month visit. These visits must be increased. Also, schedule a doctor to visit the prisons every Thursday or Wednesday "CJ Chhaya made a remark.
The Bench also took note of the Supreme Court's recent order, in which the apex court requested state-by-state data on undertrials who are incarcerated despite receiving bail from courts.

In this regard, the bench was informed that over 187 undertrials were being held in Assam's Central Prisons despite being granted bail because they were unable to meet the bail conditions imposed by the courts. It was also revealed that the authorities had released approximately 134 of the 187 detainees.

"Now, approximately 53 of the undertrials are still behind bars because they have not satisfied bail conditions," it was revealed.

Concerning the District Prisons, it was learned that 240 undertrial prisoners were granted bail but were not released due to failure to meet bail conditions, among other things. "Of these, 137 have now been released, while 107 remain in jail," the bench was told.

As a result, the Bench requested a 'action taken' report from the Assam State Legal Services Authority by the next date of hearing.

Meanwhile, the counsel for Arunachal Pradesh requested more time to provide data from undertrials and was given until December 16 to do so.

Finally, the bench was informed that there are no courts in Assam's South Salmara district, so prisoners from that district are transported by boat to Dhubri.

CJ Chhaya, on the other hand, stated that things cannot be changed overnight and promised that a decision would  be made in this regard as well. The case will be taken up for hearing again on December 12.