Karnataka High Court Upholds Right to Nutritious Diet for All Prisoners

On Wednesday, the Karnataka High Court declared that every citizen and undertrial prisoner is entitled to a nutritious diet, emphasizing that such rights should not be influenced by an individual’s social or financial status. This statement came during the hearing of a petition filed by Kannada actor Darshan Thoogudeepa, who is currently jailed in connection with the Renukaswamy murder case.

Justice M Nagaprasanna responded to Darshan’s plea, which challenged a lower court’s decision denying him home-cooked food, bedding, and cutlery while in custody. Represented by senior advocate Prabhuling K Navadgi, Darshan argued that his health condition necessitated a special diet, supported by a medical certificate.

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Justice Nagaprasanna addressed the court, stating, “If he needs a special diet due to health issues, doctors will provide it. This is not just about Darshan; every citizen or undertrial prisoner has the right to nutritious food. Distinctions cannot be made based on one’s status.” The judge underscored that medical requirements must be met universally, regardless of celebrity status, noting that other prisoners might also require enhanced dietary provisions.

The discussion also touched upon the interpretation of Rule 728 of the Karnataka Prisons and Correctional Services Manual, 2021, which Navadgi claimed was being misapplied. He argued that this rule should not supersede the Prison Act, specifically Section 30, which permits home-cooked food for undertrial prisoners with necessary approvals.

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Despite these arguments, the court reiterated that while Section 30 outlines specific provisions, the Prison Manual governs overall regulatory guidelines, which are statutorily upheld.

Navadgi appealed to the authorities to objectively assess Darshan’s request for home-cooked meals and other amenities, in consultation with a medical officer. Responding to this, the Special Public Prosecutor indicated that two representations had been made regarding Darshan’s conditions and asked for two weeks to review these and respond accordingly.

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Justice Nagaprasanna ordered the authorities to evaluate the representations as per legal standards and scheduled a follow-up for August 20. The court emphasized the importance of a thorough examination of the issues raised and decided to keep the matter pending until a resolution is provided by the authorities.

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