Prisoners’ Right To Health and Access to Medical Practitioners of Their Own Choice in Pakistan

Abstract

The right to health is an essential component of human dignity and a fundamental right that must extend to persons deprived of their liberty. In Pakistan, prisoners frequently experience inadequate healthcare facilities, shortage of qualified medical practitioners, overcrowding, insufficient medicines, and limited access to specialized medical treatment. This study examines the legal and constitutional framework governing prisoners’ right to health and, particularly, their ability to obtain medical consultation and treatment from medical practitioners of their own choice. The research critically analyses relevant provisions of the Constitution of Pakistan, prison laws and rules, judicial decisions, and applicable international human rights standards. It evaluates whether existing legal mechanisms adequately protect prisoners’ physical and mental health and whether restrictions imposed by prison authorities on independent medical consultation are consistent with constitutional guarantees of dignity, life, and access to justice. The study adopts a doctrinal legal research methodology, examining primary and secondary legal sources alongside international standards concerning the treatment of prisoners. It argues that imprisonment should restrict liberty only to the extent authorized by law and should not deprive prisoners of essential healthcare rights. The study recommends stronger institutional mechanisms, independent medical oversight, improved prison healthcare infrastructure, and reasonable access to independent medical practitioners to ensure effective protection of prisoners’ health and human dignity in Pakistan.