In a suo moto PIL filed before the Punjab and Haryana High Court regarding the condition of prisoners wherein it was earlier flagged that nearly 50% inmates are dependent on drugs, a Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the authorities to file fresh affidavits regarding rehabilitation of the drug-dependent inmates.
The amicus curiae had pointed out from the State of Punjab’s affidavit 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. It was urged that there had been an 83% increase in the number of jail inmates who were drug dependent after being lodged in jails.
The Court stated that this indicated a serious malaise as it not only showed that those entering jail were drug dependent but also that there was a 4-5 times growth in the number of inmates who became drug dependent after entering jail. It was noted that there was no indication as to how the inmates’ lives would be protected since drug dependence would lead them to further crisis.
The amicus curiae submitted that Rule 29.22 of the Punjab Prison Rules 2022 required implementation of a scientific de-addiction programme for drug addicts to cure the addicts and restore them to society as useful citizens. The Court directed the State to clarify the actions taken over four years for implementing the aforesaid Rule.
The Court perused the affidavit by the State of Haryana and noted that the number of inmates undergoing treatment for drug dependence was 1295, and by comparison, it showed a reduction in the number of patients by 534. The affidavit also mentioned that a Standard Operating Procedure (SOP) formalized by the State on 23-02-2026 was presently in place whereby counselling and medical treatment was provided to the drug-dependent jail inmates.
However, the Court noted that the affidavit was silent as to whether trained counsellors were available in all jails and the Court directed the State of Haryana to clarify the manner in which the SOP had been implemented by filing another affidavit. The authorities of Union of India were also directed to suggest a method for bringing such drug-dependent inmates to normalcy. Further, the Court requested the Director, Post Graduate Institute of Medical Education & Research, Chandigarh, to ensure that an affidavit is filed by the departmental head for guiding the relevant authorities about the manner in which the drug-dependent jail inmates could be helped out so that normalcy is restored for them.
The Court directed for the medical protocol to be clearly outlined while indicating that this was a serious issue and that it expected the authorities to remain alive to their obligations to help such inmates in securing their right to life under the Constitution of India. The matter will now be listed on 15-09-2026.
