Inmates' rights to health and communication during COVID-19 pandemic must be upheld, prioritizing access to tele-calling and vaccination per Article 21.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

CM APPL. 15721/2021 (exemption from filing notarized affidavits)

2. This is an application seeking exemption from filing duly notarized affidavits. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. Application is disposed of.

CM APPL. 15720/2021 (placing additional facts and seeking directions) in WP(C) 2087/2021

3. The present application has been filed by the Petitioner seeking certain further reliefs, and flagging further issues, in respect of the Petitioners, and other similarly placed inmates in Central Jail No. 6 i.e., Women's jail, in Tihar.

i) Tele-calling facilities

4. The first issue that has been highlighted by Mr. Adit S. Pujari, ld. Counsel for the Petitioners, is in respect of telephonic calling facilities for prisoners who are being quarantined, due to them having symptoms of COVID-19 or due to having been tested positive for COVID-19.

5. Mr. Pujari, ld. Counsel submits that the inmates do not have any tele-calling facilities, and they are able to use the telephone to call only once in a week, which is not sufficient, considering the fact that the relatives of these prisoners would be concerned about their medical condition and their symptoms as also their treatment in respect of COVID-19.

6. In response to this issue, Mr. Gautam Narayan, ld. ASC appearing for the GNCTD, submits that a separate mobile number has now been obtained in order to enable such prisoners to be able to make telephone calls, and a specific dedicated staff has been nominated to visit the COVID-19 ward to facilitate the same, and enable the said prisoners to speak with their family. He further submits that the Office of Superintendent of Jail is in fact intimating the relatives of the inmates as to their medical condition on a daily basis.

7. Mr. Gautam Narayan, ld. ASC to obtain instructions as to what is the frequency of such visits being made by the said dedicated staff, as also the frequency of such telephone-calls that have been permitted to be made by the inmates, who are currently quarantined due to Covid-19 symptoms and those who are quarantined due to having tested positive and are undergoing treatment.

ii) Vaccination of inmates

8. Mr. Pujari, ld. Counsel, has also in this application under ground (f), raised an issue concerning the vaccination of the inmates in the prison, in order to prevent an outbreak as the jail is overcrowded.

9. Mr. Narayan, ld. ASC, on this issue, submits that, at this stage, only 12 prisoners/inmates who are over the age of 45 years have been vaccinated.

10. Considering that there are greater chances of spreading of the COVID-19 infection, within the enclosed premises of the prison, let Mr. Gautam Narayan, ld. ASC, take instructions as to the vaccination policy, that is being proposed for vaccinating the inmates in the Central Jail-6, Tihar.

iii) E-Mulaqaats

11. The application also prays for resumption of the E-Mulaqat facility for the inmates to interact with their family members. The same is a part of ground (d) of the application.

12. Insofar as physical mulaqats of inmates with their family members, the same is stated to have been entirely suspended currently. However, Mr. Gautam Narayan, ld. ASC, has informed the Court that E-Mulaqats are being resumed from today i.e., 3rd May, 2021.

13. Let the same be confirmed by ld. Counsel for the Petitioner on the next date.

iv) Monthly charges for calling facilities

14. Ld. counsel for the Petitioner also prays that,