Kerala High Court
Suomotu vs State Of Kerala on 27 August, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 14340 OF 2021
PETITIONER:
SUOMOTU [VACCINATION FOR PRISONERS]
BY ADV SUOMOTU
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 036.
3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES, PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695 012.
SRI.K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL
BY SR. GOVERNMENT PLEADER SRI.V.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.14340 of 2021
2
JUDGMENT
Dated this the 27th day of August, 2021 S.Manikumar, C.J.
By entertaining a letter written by a prisoner that there was no vaccination in the prisons, we directed the Registry to register a suo motu public interest litigation, captioned as "vaccination for prisoners".
2. Recording the submission of Mr.V.Manu, learned Senior Government Pleader, that there were only 4808 prisoners in the prisons in Kerala and that majority of them have been given the first dose of vaccination and special initiatives have been taken by the State Government to vaccinate the prisoners in different age groups, we directed the learned Senior Government Pleader to file statement/affidavit, as the case may be, along with supporting documents.
3. Subsequently on 23.7.2021, after considering the steps taken towards vaccination of prisoners, we passed the following order:
"Pursuant to our directions, statement dated 22.07.2021 has been filed on behalf of the respondents, explaining the steps taken for vaccinating the prisoners in Kerala. Details of the same, along with supporting documents, are extracted hereunder:W.P.(C)No.14340 of 2021 3
1. This statement is being filed on behalf of the respondents in the above writ petition, in compliance of the Order dated 19/07/2021 of this Honourable Court. This statement is being filed, as instructed by the Additional Chief Secretary to the Government of Kerala, Home Department; the Principal Secretary to the Government of Kerala, Health and Family Welfare Department; and the Director General of Kerala Prisons and Correctional Services.
2. The aforementioned suo motu public interest litigation proceedings have been initiated by this Honourable Court in the matter of vaccination for Prisoners. This statement is being filed highlighting the Covid mitigation initiatives of the Government of Kerala in the Prisons in the State and the steps taken for vaccination of the prisoners.
MANAGEMENT OF COVID-19 SITUATION WITHIN JAILS IN THE STATE/ COVID CONTAINMENT MEASURES ADOPTED IN PRISONS
1. The Government of Kerala, the Kerala Prisons and Correctional Services as well as the High Power Committee, constituted as per the directions of the Honourable Supreme Court as well as this Honourable Court, took steps to decongest the prisons, by giving parole to convicted prisoners. Those remand / under trial Prisoners, who were not having criminal antecedents and were charged with offences with punishment up to 10 years, were let on interim bail. A total of 1243 Convicted prisoners are now on parole and 981 remand / under trial prisoners are on interim bail.
2. State Health Department issued Guidelines for Prevention and Management of COVID 19 in Prisons, which contained advisories, interalia, for symptom surveillance, isolation of symptomatic inmates, reverse quarantine and measures regarding new admissions to prisons in the wake of the pandemic. A true photocopy of the Guidelines for Prevention and Management of COVID 19 in Prisons issued by the Principal Secretary to the Government of Kerala, Health and Family Welfare Department is produced herewith as Annexure -R1 (a). Directions were given to admit new inmates after proper medical examination and COVID testing only. Similarly, measures of isolation and quarantine to be taken in case of COVID positive cases were also clearly communicated. Necessary medical support was ensured in all COVID positive cases. Psychological support is being provided to all COVID patients in prisons as well was their contacts through the already existing National Mental Health Programme network.
3. During the month of April 2021, at the beginning of the second wave of the pandemic, all prisoners, then around 5000 in numbers, were screened as to whether they were infected with Covid. The Test - Track -Treat protocol has been adopted and the TPR in jails had usually been between 4% to 6 %, even during times when it was W.P.(C)No.14340 of 2021 4 at the highest quotient among general public.
4. In the jails of the State, 13 Covid First Line Treatment Centres (CFLTC) were started, for admitting newly remanded prisoners, to observe them for the symptoms, if any of the disease. Then only they were shifted to quarantine jails. All Prisoners are thus going through a three - tier- system.
5. CFLTCs, exclusively meant for prisoners, were started in Districts wherever it was necessitated. Details of CFLTCs opened exclusively for Prison inmates are as hereunder:
District Name of CFLTC Bed Strength Thiruvananthapuram Central jail 25 Kollam Nairs hospital 50 Idukki Ranigiri Hospital 100 Ernakulam Sub Jail Ernakulam 60 Holy Trinity Thrissur 110 Ashramam Central prison Thrissur 120 Viyyur Malappuram Jail Manjeri 32 Government Engineering Kozhikode 100 College Women's Hostel Total 597 COVID VACCINATION FOR PRISON INMATES
6. The Health & Family Welfare Department has been facilitating the vaccination of prison inmates, once the vaccination was open to public from 1st March 2021 onwards, as per the age group to which they belonged. By the third week of April, 2021, vaccination drive was intensified in all Jails.
7. As mandated by the operational guidelines for COVID 19 vaccination by the Ministry of Health and Family Welfare, Government of India, all vaccinations needed to be recorded in CoWIN software application. However, for registering in CoWIN, beneficiary needs to W.P.(C)No.14340 of 2021 5 provide a mobile number and an approved photo ID proof. This, initially, created difficulties in vaccinating prison inmates, who could not provide a mobile number/ID proof.
8. As per Letter No. G5-9998/2021/PrHQ dated 22.04.2021, the Director General of Kerala Prisons and Correctional Services addressed the Chief Secretary to the Government of Kerala, with copy to the Additional Chief Secretary to the Government of Kerala, Home Department, requesting to exempt prisoners from having to produce Adhaar Card or other identity proofs, to exempt them from having to register through mobile numbers, and for permission to allow vaccination for all age groups of prisoners inside the Jails. A true photocopy of the Letter No. G5-9998/2021/PrHQ dated 22.04.2021 from the Director General of Kerala Prisons and Correctional Services to the Chief Secretary, Government of Kerala, with true English translation, is produced herewith as Annexure -R1
(b).
9. As per Circular No. 28 dated 26.04.2021 issued by the Director General of Kerala Prisons and Correctional Services, the Superintendents of all Jails were directed to take urgent actions to conduct Medical Camps for vaccination of inmates. A true photocopy of Circular No. 28 dated 26.04.2021 issued by the Director General of Kerala Prisons and Correctional Services, with true English translation, is produced herewith as Annexure -R1 (c).
10.From 25th May, 2021, onwards, Ministry of Health and Family Welfare, Government of India, provided a facility in CoWIN whereby it became possible to create special sessions of vaccinations for Persons without ID card and mobile numbers ("PWI"). Using this facility, beneficiaries, without mobile number/ID cards, can register themselves for vaccination by using the details of the nodal officer of respective institution, without providing his/ her individual mobile number/ ID proof.
11.As per Letter No. G5-9998/2021/PrHQ dated 27.05.2021, the Director General of Kerala Prisons and Correctional Services requested the Chief Secretary, Government of Kerala, to provide priority to prisoners belonging to age group of 18-45. As new prisoners were being admitted daily, they also needed to be vaccinated. Hence, permission was requested to inoculate all prisoners who were not yet vaccinated. A similar request was sent to the Principal Secretary to the Government of Kerala, Health and Family Welfare Department. As per G.O.(Rt) No.1461/2021/H&FWD dated 13/07/2021, the Government of Kerala included "Prisoners" in the priority group for Covid19 vaccination in the age group of 18 years and above. G.O.(Rt) No.1461/2021/H&FWD dated 13/07/2021 is produced as Annexure-R1(d).
12.RP No. 02 Anoop of Viyyur Prison has already been vaccinated on 04.06.2021. RP No 02 Anoop or any other such prisoners had not W.P.(C)No.14340 of 2021 6 faced any difficulty in getting vaccinated, in so far as the Health Department has exempted prisoners from having to produce Adhaar Card or other ID proofs for registering for vaccination. Further, whenever the Prisons authorities intimated the Health Department authorities regarding the number of prisoners who needed vaccination, they were provided required assistance to vaccinate prisoners at Jails itself and it was not needed to take prisoners to outside camps. Out of the 94 prisoners lodged in High Security Prison, Viyyur, wherein RP 02 Anoop has been lodged, 71 prisoners had been vaccinated.
13.The vaccination drive is being arranged specially for the prisoners in liaison with all District Collectors and District Medical Officers. The Vaccination campaign is going on in different prisons in co-operation with local health authorities. The Prison population is a floating one. Due to this, achieving 100% is not possible in case of vaccination of prisoners.
14.In the review held on 21.06.2021, it was found that 1726 prisoners belong to above 45 years age group and 1322 prisoners belonging to 18-45 years age group had been vaccinated. As on 17.07.2021, 3410 Prisoners out of 4825 have been vaccinated, of which 203 have been administered both doses of vaccines.
15.It is most humbly prayed that this Honourable Court may be pleased to accept this statement and close the captioned suo motu writ petition."
2. English translation of the document produced as Annexure-R1 (b), letter dated 22.04.2021 issued by the director General of Kerala Prisons and Correctional Services to the Chief Secretary, Government of Kerala, is extracted below:
"Jail Headquarters, Kerala, Poojapura, Thiruvananthapuram-12 Ph: 0471-2342532 Email: [email protected] Dated: 22.04.2021 Kerala Prisons & Correctional Services No. G5-9998/2021/PrHQ From, The Director General of Prisons & Correctional Services To The Chief Secretary, Government Secretariat, Thiruvananthapuram. Sir, W.P.(C)No.14340 of 2021 7 Sub: Jails-District Headquarters-General Section- Covid Vaccinations to the prisoners in Kerala- directions issued-reg:
Ref: Severe spread of Covid Second Phase Steps have been initiated for providing vaccination to the inmates of various prisons in the State as part of Covid mitigation. As of now, vaccinations are being given to prisoners aged above 45 years. Generally, vaccinations are given, as per Government direction, to those persons having ID proofs like Adhaar, Pan Card etc. However, most of the inmates of prisons do not have any ID proofs and, therefore, situation is such that the vaccination of all the inmates of prisons could not be completed. Since the inmates are made to reside together, any spread of decease will result in an uncontrollable situation, and, so, all inmates, irrespective of their age, must be vaccinated. Since, taking all inmates in jail together to vaccination centres may result in security issues, the Health Department may be directed to give vaccination to prison inmates within the jail itself. It may also be directed that vaccinations may be given to all inmates on the basis of the certified list given by the Jail Superintendent.
Yours faithfully Sd/-
Rishiraj Singh IPS Director General of Prisons & Correctional Services"
3. English translation of the document produced as Annexure R1(c), circular dated 26.04.2021 issued by the Director General of Prisons & Correctional Services, Heard Quarters Office, Thiruvananthapuram, is extracted below:
"Head Quarters Office Jail Department, Kerala Poojappura, Thiruvananthapuram - 12.
0471-2342532
KERALA PRISONS & [email protected]
CORRECTIONAL SERVICES Date: 26-04-2021
CIRCULAR NO: 28
Deputy Secretary, Ministry of Home Affairs, through email message directed to take all emergent measures to prevent spread of Covid among prisoners. All institutions head make it sure that the guidelines in the said letter are implemented. A copy of the email message is annexed herewith for further action.
1. The spread of Covid in jails are to be monitored correctly. Steps must be taken to see that the inmates clean their hands and also W.P.(C)No.14340 of 2021 8 follow social distancing. The standard operative procedure of the Central Home Ministry of 12 th March and 2nd May, 2020 in this regard must be scrupulously followed and (Annexe Z) along with the order dated 2nd May must be downloaded from the website for implementation.
2. Test - Track - Treatment protocol must be followed and positive cases must be isolated. All persons must be subjected to tests while entering prison and later on in intervals.
3. A special team should be deployed and permanent set must be provided for testing the temperature and Covid symptoms of all persons being admitted to prisons.
4. All inmates must be scrutinized for symptoms of fever and respiratory ailments and those with symptoms must be quarantined and subjected to medical isolation as far as possible.
5. All inmates above 60 years of age must be subjected to medical examinations in definite intervals and if they are affected with other diseases, their temperature and oxygen level must be tested daily. If possible, these persons must be provided separate wards/cells.
6. All inmates should be made aware about social distancing and individual cleanliness as well as about Covid-19 symptoms.
7. In consultation with Health Department, the time until which an affected inmate may be kept within the jail and the time by which he should be shifted to State Control Covid Hospital must be fixed.
8. All steps should be taken to ensure social distancing and avoiding of crowding within jails.
9. Special vaccination camps must be conducted to get all eligible inmates vaccinated.
10. All wards and public places inside jails must be sanitized, cleaned and disinfected daily.
11. The production of inmates to Court must be through video conferencing and travel may, as far as possible, be restricted. All personnel coming for duty must take all precautions and while off duty, must avoid public interactions and personal travels. Inmates should be permitted to interact with visitors through phone, video conferencing, e-mulakat and direct interaction may not be promoted.
Sd/-
Rishi Raj Singh IPS Director General of Prisons & Correctional Services"W.P.(C)No.14340 of 2021 9
4. Additional statement filed by the learned Senior Government Pleader, on behalf of the respondents dated 23.7.2021, reads thus:
1. This additional statement is being filed on behalf of the respondents in the above writ petition, in compliance of the order dated 19/07/2021 of this Court. This statement is being filed, as instructed by the Director General of Kerala Prisons and Correctional Services.
2. A detailed statement, on behalf of the respondents, was filed on 22/07/2021. This additional statement may be treated along with and in continuation of the averments in the said statement dated 22/07/2021.
3. This statement dated 22/07/2021 was prepared detailing the facts and figures regarding the vaccination of the prisoners, as on 17/07/2021.This additional statement details the particulars of vaccination among prisoners after 17/07/2021 and up to 22/7/2021.
20/07/2021
4. At District Jail, Kottayam on 20/07/2021 first doses of vaccines were given to 14 remand prisoners, aged above 45 years, and 26 remand prisoners, aged below 45 years. On 20/07/2021 itself, 13 remand prisoners, aged below 45 years, were inoculated with the second doses of vaccines at Special Sub Jail, Thiruvananthapuram.
22/07/2021
5. 2 convicted prisoners, aged below 45, 9 remand prisoners, aged above 45 years, and 96 remand prisoners, aged below 45 years, at District Jail, Palakkad, were given first doses of vaccination on 22/07/2021.
6. On the same day, at Special Sub Jail, Muvattupuzha, 16 remand prisoners, aged between 18 and 45 years, and 1 convicted prisoner, aged above 45 years, of Central Prison, Thiruvananthapuram were given second doses of vaccines.
7. Likewise, on the aforesaid day, 26 convicted prisoners, aged below 45, and 4, above 45, 3 under trial prisoners, aged above 45, and 13, aged below 45, 1 remand prisoner, aged above 45, and 10, aged below 45, of Central Prison, Thiruvananthapuram were also given first doses of vaccines. Further, on 22/07/2021 itself, 20 remand prisoners were administered first doses of vaccines at Sub Jail, Chavakkad with first dose.
8. The vaccinations of prisoners are going on as a continuous process in cooperation with Health Department and District Administration.
After 17/07/2021, upto 22/07/2021 (yesterday), 254 prisoners were administered vaccines (out of these 224 prisoners were given their first doses of vaccines, whereas 30 were given their second doses of vaccines.)"
5. It could be noticed from the above that, vaccination of prisoners is being done as a continuous process, in co-operation with the Health Department and District Administration.
6. Having regard to the inflow of under-trials, convicts, prisoners released on parole, and likely to return, after the expiry of their parole W.P.(C)No.14340 of 2021 10 period, we are of the view that the above require vaccination, and therefore, deem it fit to adjourn the instant suo motu writ petition for update of the vaccination of the above.
7. Respondents to file a statement of the updates. Prisoners, under- trials or convicted, are humans, entitled to life guaranteed under Article 226 of the Constitution of India.
Post after two weeks."
We further directed the respondents to file a statement of the updates.
4. On this day, when the matter came up for hearing, based on the additional statement filed on behalf of the respondents dated 27.08.2021, Mr.V.Manu, learned Senior Government Pleader submitted that vaccination is being done for the remand prisoners and others periodically.
5. For brevity, paragraphs 2 to 11 of the additional statement dated 27.08.2021 are extracted:
"2. In the statement dated 12.08.2021, only two vaccination sessions, one conducted on 03.08.2021 and another on 07.08.2021, were referred. In the statement dated 12.08.2021, it was submitted that on 03.08.2021, 4 under trial prisoners and 84 remand prisoners, aged between 18 and 45, were administered their first doses of Covid-19 vaccines. The said vaccination sessions was with regard to the prisoners at the Special Sub Jail, Poojappura.
3. Even prior to that on 30.07.2021, 30 remand prisoners in District Jail, Mananthavady were administered their first doses of Covid-19 vaccines. On 12.08.2021, 8 remand prisoners in Special Sub Jail, Neyyattinkara were administered their first doses of Covid -19 vaccines and 3 prisoners therein were administered their second doses of W.P.(C)No.14340 of 2021 11 Covid- 19 vaccines. On 03.08.2021 itself 28 remand prisoners in Sub Jail, Ottapalam were administered their first doses of Covid-19 vaccines and 7 prisoners therein were administered their second doses of Covid-19 vaccines.
4. On 03.08.2021, 6 remand prisoners at Sub Jail, Aluva were administered their first doses of Covid -19 vaccines. On 09.08.2021, in Sub Jail, Aluva, 3 remand prisoners were administered their first dose of their Covid -19 vaccines. On 11.08.2021, 3 remand prisoners at Sub Jail, Aluva, were administered their first doses of Covid -19 vaccines. On 12.08.2021, further 3 remand prisoners therein were administered their first doses of Covid-19 vaccines.
5. On 26.07.2021, 70 convicts at Central Prison, Kannur were administered their second doses of Covid -19 vaccines and 4 remand prisoners therein were administered their first doses of Coivd 19 vaccines.
6. On 31.07.2021, 101 remand prisoners at Special Sub Jail Kottarakkara were administered their first doses of Covid 19 vaccines. On the same day, at Sub Jail, Aluva 4 remand prisoners were administered their first doses of Covid -19 vaccines.
7. On 23.07.2021, 3 convict prisoners at Open Prison, Cheemeni were administered their second doses of Covid-19 vaccines. On 26.07.2021, 21 remand prisoners at Sub Jail, Meenachil, were administered their first doses of Covid-19 vaccines. On 04.08.2021, 92 remand prisoners at District Jail, Kollam were administered their first doses of Covid-19 vaccine. On 10.08.2021, 1 convict prisoners and 24 remand prisoners were administered their first doses of Covid-19 vaccines at District Jail, Ernakulam. Whereas 3 remand prisoners administered their second doses of Covid-19 vaccines therein.
8. On 12.08.2021, 8 remand prisoners were administered W.P.(C)No.14340 of 2021 12 their first doses of Covid-19 vaccines in Special Sub Jail, Neyyattinkara, whereas 3 remand prisoners were administered their second doses of Covid -19 vaccines.
9. On 13.08.2021, 17 remand prisoners were administered their first doses of Covid-19 vaccines at Sub Jail, Perinthalmanna. On 20.08.2021, 8 remand prisoners therein were administered their first doses of Covid- 19 vaccines. On 14.08.2021, 13 convict prisoners in Open Prison, Nettukaltheri were administered their first doses of Covid-19 vaccines, whereas 20 prisoners administered their second doses of Covid-19 vaccines. On 13.08.2021, 3 remand prisoners at District Jail, Kottayam, were administered their first doses of Covid-19 vaccines. On 25.08.2021, 288 prisoners in Central Prison, Thiruvananthapuram were administered their Covid-19 vaccines.
10. On 13.08.2021, 8 remand prisoners at District Jail, Mananthavady were administered their first doses of Covid - 19 vaccines. On 15.08.2021, 11 remand prisoners at Special Sub Jail Devikulam were administered their first doses of Covid-19 vaccines. On 19.08.2021, 1 under trial prisoner and 23 remand prisoners at Special Sub Jail, Muvattupuzha were administered their first doses of Covid-19 vaccines, whereas 16 remand prisoners administered their second doses of Covid-19 vaccines on that day.
11. The vaccinations of prisoners are ongoing as a continuing programme in active co-operation of Kerala Prisons and Correctional Services, Health and Home Departments of the State as well as various district administrations. A tabular column showing the details of vaccination conducted in prisons on or after 20.07.2021 is produced herewith as Annexure R1(e). On or after 20.07.2021, 1176 doses of vaccines have been administered on the prisoners."W.P.(C)No.14340 of 2021 13
6. That apart, Exhibit R1(e) Annexure is also enclosed setting out the details of vaccination in jail institutions on or after 20.7.2021. Perusal of the statements so far filed with Annexures shows that vaccination of prisoners is being done periodically.
7. While recording the above, we order that the administration of vaccination to the prisoners and others in the Central Prisons and other jails should be done continuously and that the same has to be monitored by the Director General of Prisons and Correctional Services, Thiruvananthapuram (respondent No.3).
With the above directions, instant suo motu writ petition is disposed of.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.14340 of 2021 14 APPENDIX PETTIONER'S EXHIBITS:
EXT.P1: PETITION FOR COVID-19 VACCINATION RECEIVED FROM SRI.ANOOP, R.P.NO.02, HIGH SECURITY PRISON, VIYYUR DATED 07.04.2021 AND THE ENGLISH TRANSLATION.
EXT.P2: LETTER NO.R1-1096/2020/HSP DATED 10.04.2021 RECEIVED FROM THE SUPERINTENDENT, HIGH SECURITY PRISON, VIYYUR AND THE ENGLISH TRANSLATION.
EXT.P3: OFFICE NOTES AND ORDERS OF THE HON'BLE MR.JUSTICE R.NARYANA PISHARADI DATED 21.06.2021.
EXT.P4: OFFICE NOTES AND ORDERS OF THE HON'BLE THE CHIEF JUSTICE DATED 13.07.2021.
RESPONDENTS' EXHIBITS:
ANNEXURE R1(A): A TRUE PHOTOCOPY OF THE GUIDELINES FOR PREVENTION AND MANAGEMENT OF COVID 19 IN PRISONS ISSUED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT.
ANNEXURE R1(B): A TRUE PHOTOCOPY OF THE LETTER NO.G5- 9998/2021/PRHQ DATED 22.04.2021 FROM THE DIRECTOR GENERAL OF KERALA PRISONS AND CORRECTIONAL SERVICES TO THE CHIEF SECRETARY, GOVERNMENT OF KERALA, WITH TRUE ENGLISH TRANSLATION.W.P.(C)No.14340 of 2021 15
ANNEXURE R1(C): A TRUE PHOTOCOPY OF CIRCULAR NO.28 DATED 26.04.2021 ISSUED BY THE DIRECTOR GENERAL OF KERALA PRISONS AND CORRECTIONAL SERVICES, WITH TRUE ENGLISH TRANSLATION.
ANNEXURE R1(D): A TRUE PHOTOCOPY OF GO (RT)NO.1461/2021/H&FWD DATED 13.07.2021.
ANNEXURE R1(E): A TRUE COPY OF THE TABULAR COLUMN SHOWING THE DETAILS OF VACCINATION CONDUCTED IN PRISONS ON OR AFTER 20.07.2021.
//TRUE COPY// P.A. TO JUDGE