Prisoners in Punjab become drug-dependent after entering jail: P&H High Court calls situation serious

The Punjab and Haryana High Court on Tuesday expressed serious concern over the fact that many prisoners in Punjab become drug-dependent after their entry into the jails [Court On Its Own Motion v State of Punjab and Others].

A Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed that in the absence of any strategy to cure the inmates' drug dependence, they will never be able to fully avail of their right to life as the continued drug dependence would cause further crises in their lives.

The official data submitted before the Court on September 1 had revealed that 44 percent (15,768 out of 35,449) of the prisoners lodged in jails across Punjab are dependent on drugs.

Today, the Court noted that about 83 percent of these inmates were registered with the Out Patient Opioid Assisted Treatment Clinic (OOAT Clinic) only after their jail entry.

"Learned Amicus Curiae has pointed out from the affidavit filed by the State of Punjab on the previous occasion that, at the time of entry into jail, 2540 inmates were already registered under the Out Patient Opioid Assisted Treatment Clinic (OOAT Clinic) and were being administered tablets/medicines prior to their admission. The number of inmates who presently are drug dependent is 15768," the Bench recorded in today's order.

The Court observed that the data prima facie indicated the prevalence of a serious malaise in Punjab prisons.

"It shows that not only are those entering jail, drug dependent, but there is a growth of almost 4-5 times in the number of jail inmates who become drug dependent after their entry into jail," the Court added.

It directed the Punjab government to inform the Court regarding implementation of a prison rule requiring the State to implement a scientific de-addiction programme for drug addicts to cure them and restore them to society as useful citizens.

It also asked the Union of India to place on record the methodology suggested for bringing such drug-dependent inmates to a state of normalcy.

"We may indicate that this is a serious issue, and we expect the authorities to remain alive to their obligations to help such inmates in securing their right to life under the Constitution of India," the Court said.

The Court was hearing a suo motu case initiated by it in July on the basis of a report given by the administrative judge (a sitting judge of the High Court) of Mansa Sessions Division in Punjab.

The report revealed that a large number of jail inmates, who are drug addicts, are given Buprenorphine in combination with Naloxone. The dosage prescribed ranges from one to four tablets, depending upon their medical condition and treatment requirements, as per the report.

The judge's report also revealed that out of 767 jail inmates, as many as 530 inmates are registered with the Out-Patient Opioid Assisted Treatment Clinic (OOAT Clinic) established within the jail premises. The judge said approximately 69 percent of the total inmate population is undergoing treatment at the OOAT Clinic, indicating a significant prevalence of drug addiction among the inmates.

On August 20, the Court had asked the State to submit details of the total number of inmates in each jail and the number of inmates presently registered with the OOAT Clinic. It had also appointed advocate Tanu Bedi as an amicus curiae.

Today, the Court also took note of the data submitted by Haryana government. It was revealed that out of 27,111 inmates, only 1,295 are drug-dependent in Haryana jails.

"The affidavit further shows that the earlier number was 1829 and it has been brought down to 1295 after treatment was made available to them, thereby showing a reduction in the number of patients by 534," the Court noted.

The Court has now asked the State government to inform it about the availability of trained counsellors in jails.

Meanwhile, the Court also directed PGIMER Chandigarh to inform it about the manner in which drug-dependent jail inmates could be helped so that normalcy is restored for them.

"The medical protocol for such patients shall be clearly outlined," the Court said, while listing the matter for hearing on September 15.

Advocate Tanu Bedi, the amicus curiae, appeared along with advocates Akshat Sharma and Gaurav Mishra.

Senior Deputy Advocate General Salil Sabhlok appeared for the State of Punjab.

Advocates Abhinav Sood, Ekakshra Mahajan Mandhar, Nitesh Jhajhria, Advocate and Arsh Bir appeared for UT of Chandigarh.

Additional Solicitor General Satya Pal Jain with Central Government Counsel Prajwal Chauhan represented the Union of India.

Additional Advocate General Deepak Balyan appeared for the State of Haryana.

Advocate Avinit Avasthi appeared for PGIMER Chandigarh.

[Read Order]