Court directs States of Punjab and Haryana, Union of India, and PGIMER to implement robust de-addiction programs safeguarding inmates' fundamental right to life under Article 21
In a landmark judgment dated September 8, 2026, the Punjab and Haryana High Court, in a suo moto public interest litigation, has raised grave concerns over the alarming rise in drug addiction among jail inmates in Punjab and Haryana. The bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor underscored that this surge in drug dependency within prisons poses a serious threat to the constitutional right to life guaranteed under Article 21 of the Constitution of India.
The court observed that at the time of admission, 2,540 inmates in Punjab jails were registered under the Out Patient Opioid Assisted Treatment (OOAT) Clinic. However, the current number of drug-dependent inmates has escalated sharply to 15,768, marking an 83% increase. This striking statistic indicates not only the prevalence of drug addiction at entry but also a four to fivefold increase in dependency post-admission. The court described this phenomenon as a "serious malaise" that calls for urgent remedial measures.
Highlighting the absence of any effective strategy or program to address this crisis, the court mandated the State of Punjab to clarify the steps taken under Rule 29.22 of the Punjab Prison Rules, 2022, which mandates a scientific de-addiction program aimed at curing addicts and rehabilitating them as productive citizens. The court demanded a detailed affidavit outlining the State's efforts in this regard over the past four years.
The court also scrutinized the efforts of Haryana where, according to an affidavit, out of 27,111 inmates, 1,295 were undergoing treatment for drug dependence. The State claimed a reduction of 534 drug-dependent inmates after providing treatment. Haryana's implementation of a Standard Operating Procedure (SOP) since February 23, 2026, covering counselling and medical treatment was acknowledged. However, the court sought clarity on the availability of trained counsellors in all jails and the effectiveness of SOP implementation, directing Haryana to file a further affidavit.
Beyond the States, the court called upon the Union of India to propose methodologies for rehabilitating drug-dependent inmates. Recognizing the role of medical expertise, the court directed the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, to submit an affidavit detailing medical protocols and guidance for de-addiction treatment in prisons.
The court emphasized the necessity of coordination between prison authorities, medical institutions, and government agencies to restore normalcy for drug-dependent inmates. It declared the issue "serious" and urged all stakeholders to fulfill their constitutional obligations to protect inmates' right to life.
The matter was adjourned to September 15, 2026, with instructions for all affidavits to be submitted and served on the learned Amicus Curiae prior to the hearing.
This judgment marks a critical step towards prison reform and underscores the imperative for comprehensive drug rehabilitation programs in correctional facilities, aligning with constitutional mandates and humane treatment of inmates.
Bottom Line:
Prison reforms - Drug addiction among jail inmates - Increase in drug dependency within jails - Obligation of authorities to address the issue and ensure inmates' right to life under the Constitution of India.
Statutory provision(s): Constitution of India Article 21, Punjab Prison Rules 2022 Rule 29.22
Court on its own Motion v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2975260
