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Article 21 Behind Bars: Patna High Court Protects an Undertrial's Right to Medical Care

02-07-2026
The Vasantam Associates
Introduction

In a significant order, the Patna High Court reaffirmed that the constitutional guarantee of life and personal liberty under Article 21 extends to every individual, including those in judicial custody. The case involved an undertrial prisoner suffering from severe cardiac ailments, including coronary artery disease and a recent heart attack. After a detailed medical evaluation, the Medical Board at the Indira Gandhi Institute of Cardiology (IGIC), Patna, recommended immediate treatment at a higher medical centre, preferably AIIMS, New Delhi. Despite these recommendations, the transfer was delayed, prompting the prisoner's wife to approach the High Court.

While observing that an alternative legal remedy was available, Justice Arun Kumar Jha chose to intervene considering the seriousness of the prisoner's medical condition and the expert opinion of the Medical Board. The Court directed the authorities to facilitate the prisoner's treatment at AIIMS, New Delhi, within a strict timeline while ensuring adequate security during transportation and hospitalization.

The order is a powerful reminder that incarceration does not strip a person of their fundamental rights. Healthcare is not a privilege reserved for free. It is a constitutional obligation owed to every individual. By prioritizing timely medical care over procedural technicalities, the Patna High Court reinforced that the true strength of the justice system lies not only in enforcing the law but also in protecting human life and dignity.

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