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83% rise in drug dependence among Punjab jail inmates after entry: HC flags ‘serious malaise’

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The Punjab and Haryana High Court on Tuesday flagged a “serious malaise” in Punjab jails after the amicus curiae or the friend of the court pointed to an 83 per cent increase in the number of inmates who became drug-dependent after their entry into jails.Taking note of the submissions, a Division Bench of the High Court observed that the number had grown “almost four-five times” compared to those already registered for treatment when they entered prison.Describing the matter as serious, the Bench said: “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.” The matter has been adjourned to September 15.The Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor was told that 2,540 inmates were already registered under the Out Patient Opioid Assisted Treatment Clinic (OOAT Clinic) and were being administered tablets/medicines at the time of their admission, while the present number of drug-dependent inmates was 15,768.Recording amicus curiae Tanu Bedi’s submission, the Bench said: “It is, therefore, urged that there has been an 83 per cent increase in the number of jail inmates who are now drug dependent after their lodging in jails.”The court said the figures raised an issue extending beyond those who entered prison with drug dependence. “Prima facie, this indicates a serious malaise. 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 Bench observed.Expressing concern over the absence of a strategy to deal with continued drug dependence, the Bench linked the issue to the inmates’ fundamental right to life. “There is no indication as to how the lives of these persons are to be protected, inasmuch as continued drug dependence would lead them to further crises in their lives and, in the absence of any strategy followed by the authorities concerned to bring such persons out of drug dependence, the inmates will never be able to avail of the right to life, which is one of the fundamental rights guaranteed by the Constitution,” the Bench observed.The Bench also took note of Bedi’s reference to Rule 29.22 of the Punjab Prison Rules, notified in 2022, providing for a scientific de-addiction programme for drug addicts to cure them and restore them to society as useful citizens.Asking Punjab to disclose action taken under the provision, the Bench asserted: “We require the State of Punjab to clarify what action has been taken by it since the implementation of the Rules over a period of nearly four years.”Punjab was represented by Senior Deputy Advocate-General Salil Sabhlok, while advocate Abhinav Sood, and Ekakshra Mahajan Mandhar appeared for the respondent-UT, Chandigarh. Additional Solicitor-General of India Satya Pal Jain, along with Central Government Counsel Prajwal Chauhan appeared for the respondents-Union of India, while Haryana was represented by Additional Advocate-General Deepak Balyan.Haryana figuresThe court also took on record an affidavit filed by Haryana showing that 1,295 of the state’s 27,111 jail inmates were undergoing treatment for drug dependence, down from 1,829 after treatment was made available — a reduction of 534.The Bench also took note of Haryana’s submissions that an SOP –– formalised on February 23, providing for counselling and other medical treatment for drug-dependent inmates –– was in place. The court, however, noted that the affidavit did not state whether trained counsellors were available in all jails wherever required. “The affidavit, however, is silent as to whether trained counsellors are available in all jails, wherever required, to treat such drug dependent inmates.”Haryana was accordingly directed to clarify how the SOP has been implemented. “The manner in which the SOP has been implemented shall also be clarified by filing a further affidavit by Haryana.”Centre, PGI asked for treatment roadmapThe court also required the Union authorities to place on record the methodology suggested for bringing drug-dependent inmates to a state of normalcy.  “We also require the authorities of the Union of India to place on record the methodology suggested for bringing such drug-dependent inmates to a state of normalcy.”The Bench also requested the Director, PGI, Chandigarh, to ensure that an affidavit was filed by the departmental head explaining how drug-dependent jail inmates could be helped and normalcy restored. “We also request the Director, PGI, Chandigarh, to ensure that an affidavit is filed by the departmental head for the guidance of the relevant authorities 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 Bench added. 

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