Are the authorities of the already overcrowded Arthur Road prison, which has 184 cases of Covid-19, working according to the guidelines laid down by the World Health Organization (WHO) for prisons?

The WHO guidelines state, “People in prisons and other places of detention should enjoy the same standards of health care that are available in the outside community, without discrimination on the grounds of their legal status.”
The guidelines direct prison and other detention authorities to ensure that the human rights of those in their custody are respected, that inmates are not cut off from the outside world, and most importantly that they have access to information and adequate healthcare provision.
The patients who had contracted the virus were reported in three of the 16-20 barracks, each expanding in an area of 20ftx60ft.
“Circle numbers 3 and 10 have been made quarantine centres to house positive patients,” said a jail official, adding that the situation looks grim. “It is not possible to maintain social distancing inside a barrack which was built to accommodate 50 inmates but now houses 200-250 inmates,” the official added.
The Arthur Road prison authorities, however, said that they have been taking measures to contain the spread of the virus within the prison premises.
{{/usCountry}}The Arthur Road prison authorities, however, said that they have been taking measures to contain the spread of the virus within the prison premises.
{{/usCountry}}Sanjay Chahande, principle secretary for water supply and sanitation, who is also holding the additional charge of home department (prisons and appeals), said, “We have kept the infected inmates in separate isolation circles and have been sending the symptomatic Covid-positive inmates to hospital for treatment, as per the instructions from a team of doctors from JJ Hospital, who are looking after the cases inside the jail.”
However, when the city began seeing the first set of cases in March, the jail authorities had written to the courts, asking them to release the inmates involved in minor and moderate offences or grant temporary bail to those accused of heinous crimes. After the coronavirus outbreak, the authorities released 435 prisoners from 43 prisons across the state on emergency parole.
The Arthur Road prison authorities had stated that the prison did not have the wherewithal to handle a situation in case of an outbreak, and that social distancing would be impossible among the inmates, as the prison was built to house only 800 people.
Later, after some inmates were tested positive for coronavirus, the local arms department of Mumbai Police was asked to conduct a survey and help transfer the coronavirus-positive inmates to a vacant building build by the slum rehabilitation authority (SRA) at Mahul near Chembur.
The local arms department however, refused to comply with the jail authorities, and wrote a letter (a copy of which is with HT), citing lack of proper healthcare infrastructure, electricity, food and beds, and stated that the locals in Mahul had opposed the use of the building as a treatment centre.
“Inspection conducted of the empty Mhada [Maharashtra Housing and Area Development Authority] buildings at Mahul village, as suggested by you for treatment of the 77 corona-positive prisoners, reveals that provision for electricity and fans has been made only on the fourth and fifth floors of these buildings. But, no provision has been made for food, beds, grills on doors and windows for security purpose and doctors and other staff for treatment has not been made. Also, no appointment of the head of the centre, in whose custody these 77 inmates will be placed for treatment, has not been made,” stated the letter written by deputy commissioner of police (local arms), Nandkumar Thakur.
The letter also goes on to state that there is no provision for potable water, and that doctors, paramedics and other staff have not been appointed to treat the prisoners at Mahul, nor is there any provision for medication and medical equipment.
“It is extremely necessary that treatment is provided to these 77 prisoners, since they are corona-positive, immediately after they are shifted at the said place, reads the letter. But, as no basic facilities, as mentioned above, have been provided at the said place, it will result in disturbing the mental condition of the corona positive prisoners and eventually may lead to a law and order situation,” read the letter from Thakur.
The letter also points out at the lack of security if the prisoners were to be lodged at Mahul. “Since the complete responsibility of providing security cover for the treatment centre is of Mumbai Police and the force is facing severe shortage of police officers and staff, with many of them being affected by the virus, there will be limited manpower available for security of the treatment centre, and is therefore necessary to have iron grills fixed on windows and the door on the fourth floor and flood lights around the entire building,” the letter stated.
Sanjay Kumar, who holds the additional charge of additional chief secretary (home), said that the more cases are detected owing to mass testing. “We moved a file for mass testing, and the chief secretary too responded [in favour] for the testing. The cases are coming in large numbers because we insisted on mass testing. We have decided to shift the new Covid-19 patients cases to make-shift jails and safer places [quarantine centres].”
However, until the time of going to press, the prison authorities were unaware of any such development.
The first case of Covid-19 was reported on May 5 after a 45-year-old patient, who suffered a paralytic attack, was admitted to JJ Hospital for treatment. Subsequently, 350 prisoners were also tested for Covid-19 but no new swabs have been taken for testing after that, the authorities said.
HT asked Chahande if contact tracing is being conducted within jail premises, to which he replied, “That’s not our priority today. The government’s priority is to provide medication to the infected inmates in the jail and also we are also taking more efforts to release maximum possible inmates on parole to de-congest the prison.”
Director general (prisons) SN Pandey did not respond to repeated phone calls and text messages.
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