In this case, the Commission had received a complaint from Ms. Maja
Daruwala, Special Monitor of the Commission regarding the difficulties
being faced by Shri Vara Vara Rao who is lodged in Taloja jail in Mumbai,
Maharashtra. It was mentioned that 80 years old Rao is suffering from many
ailments due to which his health condition is deteriorating. He is unable
to walk and the jail authorities are allegedly not providing him the
requisite health care facilities.

Taking cognizance of the matter, the Commission vide its proceedings dated
13.07.2020 observed that the right to life and medical care is one of the
basic human rights and the State is duty bound to provide a prisoner who is
in its custody, appropriate medical care so that there should be no danger
to his life. The Commission directed to issue notices to the Chief
Secretary and the Director General (Prisons), Maharashtra calling for a
report in the matter, within two weeks and also directed to constitute a
Medical Board to examine the health condition of Shri Rao and to see
whether the treatment being provided to him is appropriate. The Commission
had also mentioned that the Board is expected to decide as to in which
hospital whether government of private, Shri Rao will get the best medical
treatment. The report is yet to be received.

In the meantime, the Commission has received several communications
including Ms. Maja Daruwala that the health condition of Shri Rao is
deteriorating and the authorities are ignoring his condition. It is also
mentioned in one of the communications received by the Commission that when
the family members of Shri Rao visited him in JJ Hospital they were shocked
to see that he was lying in the transit ward in a pool of urine on the bed
and was still incoherent. He could not recognize his wife and daughters
immediately and the nurses in the hospital told the family members that
there were no equipments or treatment available to be given to the patient
in the transit ward. In another media report it is confirmed that Shri Rao
has also been tested positive for Covid-19 and now he has been transferred
to St. George Hospital which is a State run Covid-19 facility. Many Human
Rights Defenders have also approached the Commission raising their concern
about the condition of Shri Rao.

The Commission has already taken cognizance of the matter and the report
called for from the State authorities is yet to be received but the further
developments in the matter are serious in nature, forcing the Commission to
consider all the facts minutely. It is established that the persons above
the age of 60 years with co-morbidities are more vulnerable if they are
Covid positive. The health condition of Shri Rao, as mentioned in the
various communications, was already worrisome and now when he has been
tested positive for the Covid-19, danger to his life has grown bigger which
is a matter of concern for the Commission. It is a question of saving a
precious human life leaving apart the legal aspect of the matter. *It is,
therefore, necessary that the State Government should provide Shri Rao the
best possible treatment in a reputed super speciality private hospital
without any further delay.*

The Chief Secretary, Government of Maharashtra is expected to look into the
matter personally to ensure that Shri Rao is shifted to the best possible
Covid hospital today itself. *Shri Vara Vara Rao is an Under Trial Prisoner
presently in the custody of the State. Hence, the government must ensure
that all the expenditure of the medical treatment of Shri Rao to be borne
by the State being his lawful custodian.* The Chief Secretary, Government
of Maharashtra is expected to submit the compliance report, immediately. He
is also directed to submit the requisite report called for by the
Commission vide its earlier proceedings dated 13.07.2020 within the
stipulated time.

Copies of the communications and the media reports to be enclosed with the
letter to the Chief Secretary, Government of Maharashtra.

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