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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.KALAIMATHI
M.Kalaiselvi – Appellant
Versus
State of Tamilnadu, Rep. by the Deputy Inspector General of Prisons – Respondent
ORDER :
G.R.SWAMINATHAN, J.
1.Heard both sides.
2.The petitioner's father is undergoing life imprisonment in Central Prison, Palayamkottai. He has spent more than six years in prison. The petitioner's father had suffered amputation in his right leg recently. The petitioner seeks 28 days ordinary leave for his father.
3.In any prison, one finds persons with disability. Some of the disabilities are acquired while in prison. Their condition has drawn the attention of the Hon'ble Supreme Court which issued a set of directions in decision reported in 2025 SCC OnLine SC 1444 ( L.Muruganantham v. State of Tamil Nadu ). The operative portion of the judgment authored by His Lordship Mr.Justice R.Mahadevan is as follows :
“41. In light of the foregoing findings and in furtherance of Articles 14 and 21 of the Constitution of India, the RPwD Act, 2016, and India's international obligations under UNCRPD, the following directions are issued for immediate and time-bound compliance:
41.1. All prison authorities shall promptly identify prisoners with disabilities at the time of admission. Each prisoner shall be given an opportunity to declare any disability and provide information about their specific n
Prison authorities are obliged to provide necessary accommodations and medical care for prisoners with disabilities, ensuring compliance with constitutional rights and relevant legislation.
The judgment establishes that the systemic neglect of prisoners with disabilities constitutes human rights violations, emphasizing the need for comprehensive reforms in prison infrastructure and trea....
Court establishes the necessity for coordinated mechanisms across jurisdictions to safeguard the rights and dignities of prisoners with disabilities under the RPwD Act, mandating compliance and accou....
Prisoners are entitled to fundamental rights, including adequate health facilities, regardless of when educational qualifications are acquired, with medical conditions being the primary consideration....
The judgment established the right of convicts to compensation and facilities for work-related injuries, emphasizing the duty of the State and jail authorities to ensure the well-being and rights of ....
A convict who has previously absconded and failed to comply with conditions set for leave is ineligible for further ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982.
The central legal point established is the entitlement of terminally ill prisoners to proper medical care and the need for uniform prison rules and policies for their treatment and confinement.
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