The Madurai Bench of the Madras High Court has held that every prisoner is entitled, under Article 21 of the Constitution, to periodic medical check-ups and a diet tailored to individual medical needs. The Court said prison authorities—who exercise complete custody and control over inmates—must ensure timely diagnosis, proper treatment, and reasonable accommodation for prisoners’ health conditions. [Kalai Selvi v. State of Tamil Nadu]
A Division Bench of Justice G.R. Swaminathan and Justice R. Kalaimathi underlined that diet cannot be uniform for all inmates. Instead, it must vary depending on illness and medical requirements.
Diet Must Match the Prisoner’s Medical Condition
The Bench observed that prisoners suffering from different ailments need different diets. For instance, inmates with renal ailments may require low-salt food. Likewise, prisoners with diabetes require a separate diet plan. The Court said the prison administration must provide food suited to each prisoner’s “unique body condition.”
Case Background: Kalaiselvi’s Petition for Leave
The ruling came on a petition filed by Kalaiselvi, who sought 28 days’ ordinary leave without escort for her father Murugesan, a 67-year-old life convict lodged in Palayamkottai Central Prison.
Murugesan has spent over six years in custody. He underwent amputation of his right leg on October 10, 2025, after diabetes-related complications, including vein damage and major ulceration.
Court’s Finding: Periodical Medical Check-Up Is Part of Article 21
The Bench held:
“We hold that every prisoner has a right to have a periodical medical check up which would fall within the scope of Article 21 of the Constitution of India.”
The Court added that routine screening helps identify “who is suffering from what condition.” In Murugesan’s case, it noted that early diagnosis, timely intervention, and a suitable diet could have prevented deterioration.
Dignity and Disability Accommodation in Prison
The Court reiterated that imprisonment does not take away dignity and basic rights. Since prisoners remain under the State’s care and control, prison authorities must accommodate inmates with disabilities. These obligations, the Bench said, are enforceable through writ proceedings.
Reliance on Supreme Court Precedents
The Bench relied on Supreme Court decisions, including:
- L. Muruganantham v. State of Tamil Nadu
- Sathyan Naravoor v. Union of India
It directed that the principles laid down in these rulings be implemented immediately, as applicable.
Directions for Systemic Reform in Palayamkottai Central Prison
To strengthen prison healthcare, the Court issued two key directions:
- The Superintendent, Central Prison, Palayamkottai must conduct a master health check-up for all prisoners once every two years.
- The Dean, Government Medical College Hospital, Tirunelveli must conduct a medical camp to identify prisoners suffering from diabetes and provide medicines and insulin treatment wherever required.
Specific Reliefs Ordered for Murugesan
For Murugesan, the Court ordered multiple accommodations, including:
- a cot and table
- suitable toilet facilities
- counselling and periodic medical monitoring
- assistive devices
- housing in an accessible block
- support from another inmate, if necessary
The Bench also referred to reforms linked to Kiran Bedi’s brief tenure at Tihar Jail, and expressed hope that Palayamkottai Central Prison becomes a model institution in respecting disabled prisoners’ rights.
Leave Granted and Reporting Condition
The Court granted 28 days’ ordinary leave without escort from February 28 to March 27, subject to:
- weekly reporting before the SIPCOT Police Station, Thoothukudi district, and
- compliance with the Jail Manual.
Appearance
- For the petitioner: Advocate S.M. Mohamed Yunnis Raja
- For the State: Advocates R. Alagumani and T. Senthil Kumar
