tendencies. It also helps the health staff that conduct the screening to recommend proper
action that corresponds to the identified health issue. The form allows three kinds of
recommendations to be made to the prison administration:
i.
Referral to Prison Doctor/ Hospital (immediately);
ii.
Keep under observation in temporary placement until seen by the Prison
Doctor as soon as possible; or
iii.
Regular admission/ complete medical consultation on a medical condition.
Reportedly, the DOP is planning to introduce this procedure to all prisons if the pilot
programme is a success.
All prisoners must be examined by the MO prior to being removed to another prison, 80 which
according to the then Commissioner of Prisons (Administration/ Intelligence and Security)
does not happen in practice. If a transferred prisoner is sick, they are expected to inform the
officers at the gate of the receiving prison, following which the jailor will inform the CJ and
send the prisoner to the PH for treatment. Circular No. 28/2012 issued on 01 November
2011, requires a medical report to be issued before transferring a prisoner to an Open Prison
Camp. The Commission was informed that the medical exam is not conducted when
prisoners are transferred to an open camp after spending a short period of time in transit at
WCP, because a medical examination of every prisoner is conducted upon admission. In
other prisons, from which prisoners would be transferred to an open camp to serve the last
few years of their sentence, the Commission was informed that prisoners are not subject to
medical exams before they are transferred to an open camp.
Corresponding to SMR 26(2)81, Section 140 of the DSO places the responsibility on the MO
to send the medical records of the prisoners being transferred to the MO of the receiving
prison, ‘thus avoiding any divided responsibility’. However, this requirement is found only
in the SRs according to which the only requirement is to transfer the medical records of a
prisoner who is transferred to another prison on medical grounds82 and not otherwise. The
Commission observed that medical records not being transferred alongside a prisoner who
is transferred has been an obstacle to the MO of the receiving prison in providing necessary
treatment to transferred prisoners. This situation was evident at ACP where the MO stated
that he is unable to treat certain prisoners who had been transferred to ACP from WCP as
their medical records had not been sent to ACP.
80
PO No.16 of 1877, s 46, ‘All prisoners, previously to being removed to any other prison, shall be examined by
medical officer.’
81
SMR 2015, r 26(2), ‘Medical files shall be transferred to the health-care service of the receiving institution upon
transfer of a prisoner and shall be subject to medical confidentiality.’
82
SRs 1956, s 68.
64