J U D G M E N T

SWARANA KANTA SHARMA, J.

1. The present writ narrates the story of petitioner, who seeks remedy as a convict inmate of Tihar Jail, and requests the Court to examine an important issue of human rights that has been overlooked by prison laws and rules.

2. This judgment, thus, examines the issue regarding payment of compensation and its quantum, to a convict inmate of Tihar Jail who has suffered injuries i.e. amputation of three fingers of the right hand while working in the factory of Tihar Jail. This Court examines this question since neither the Delhi Prisons Act, 2000 nor Delhi Prison Rules, 2018 deal with the issue in question, except for Rule No. 1084 of Delhi Prison Rules, 2018, which reads as under:

―1084. Payment of compensation to prisoners who meet with accidents resulting in physical or mental disability, serious injury, death, or loss of health due to occupational diseases, as certified by the Medical Officer.‖

3. The petitioner seeks issuance of writ in the nature of mandamus directing the respondent to provide functional prosthesis for regular working of the amputated fingers of right hand at state expense in Airmid Hospital (situated at Samaypur, Delhi) or any other private hospital in which the said facility is available and to grant compensation for the loss suffered by him.

4. The background facts of the instant petition are that the petitioner is confined in Central Jail no. 2, Tihar, Delhi as a convict who is serving life sentence in FIR bearing No.421/2012, under Sections 302/34 of Indian Penal Code, 1860, Police Station Samaypur Badli, Delhi. On 20.01.2021, the petitioner suffered partial amputation of three fingers of right hand while working on a Rag Chopper Machine in the paper unit of the jail factory of Central Jail no. 2, Tihar. The petitioner was immediately taken to the dispensary attached to Central Jail no. 2, and after receiving first aid, he was taken to Deen Dayal Upadhyay Hospital to the plastic surgery department. During the course of medical treatment, it was found that there was total amputation of the index finger, middle finger and ring finger of the right hand of petitioner. On 21.01.2021, the petitioner was sent for surgery and he was discharged from the Hospital on

03.02.2021. Thereafter, on 08.02.2022, the petitioner was issued a disability certificate which reflected that he had suffered permanent disability to the extent of 31% in relation to his right hand. After that, he was also taken to Department of Physical Medicine and Rehabilitation of All Indian Institute of Medical Sciences (‗AIIMS‘), New Delhi on 26.03.2022 for providing him with functional prosthesis. However, the petitioner was informed that only cosmetic glove for the right hand is available in AIIMS, Delhi and that he cannot be provided with functional prosthesis. The petitioner stated that he required functional prosthesis for regular working of the amputated fingers of his right hand and does not require cosmetic glove. On 22.04.2022, the petitioner had approached the Jail Superintendent of Central Jail no. 2, Tihar, Delhi seeking update regarding his application for grant of compensation and for providing functional prosthesis at the State‘s expenses. To his utter shock, petitioner found that the application had been returned to him without stating any reasons.

5. Having no other remedy, the petitioner on 19.07.2022, approached this Court by way of W.P. (Crl.) 1574/2022 seeking directions to the respondent to provide functional prosthesis for regular working of the amputated fingers of his right hand. This Court, on 19.07.2022, had passed the following order:

―This is a writ petition seeking directions to the respondent to provide functional prostheses for regular working of the amputed fingers in the right hand of the petitioner.

It is submitted by Mr Vinayak Bhandari, learned counsel for the petitioner that the petitioner is a life convict and while working in a paper unit of the jail factory of central