Supreme Court Issues Pan-India Guidelines to Protect Rights of Prisoners with Disabilities

Recently, the Supreme Court (SC) of India issued directions for all States and Union Territories to implement a robust, independent, and accessible grievance redressal mechanism specifically designed for prisoners with disabilities. The bench also illustrated that this uniform system should ensure the protection of the rights of prisoners with disabilities. The directions were issued by the two-judge bench of the SC, consisting of Justice Vikram Nath and Justice Sandeep Mehta, while hearing a PIL (Public Interest Litigation), filed by Sathyan Naravoor, seeking an appropriate legal framework and facilities to persons with disabilities who are undergoing incarceration in the prisons, either as undertrials or convicts. 

During the proceedings, the petitioner raised specific grievances that the prison system all over the country is not extending to the PwD inmates the requisite facilities mandated for addressing their specific needs. The petitioner claimed, “The prevailing prison manuals of most of the States across the country are deficient in incorporating mandatory provisions relating to ramps, accessible infrastructure, and other essential accommodations for PwD, which is in direct contravention of the statutory mandate of Rights of Persons with Disabilities Act, 2016.”

While hearing the matter, the top court opined that the SC has already addressed the majority of the issues raised in the petition with directions given and a framework established in L. Muruganantham vs. State of Tamil Nadu and Others. In this judgment, the top court took note of the precise issue as to whether appropriate facilities were being made available to prisoners with disabilities during their incarceration in prisons situated within the State of Tamil Nadu, and accordingly issued the directions to the authorities for immediate and time-bound compliance.

After considering the written submissions made by the learned counsel appearing for the petitioner, Mr. Kaleeswaram Raj, that highlighted some additional issues being faced by prisoners with disabilities, the SC bench issued the following directions:

1. “The directions issued by this Court in L. Muruganantham…shall be extended to all the States and the Union Territories, to ensure that the principles are adopted mutatis mutandis within their prison systems as well.
2. Every State and Union Territories shall establish a robust, independent and accessible grievance redressal mechanism specifically designed for prisoners with disabilities. The said mechanism shall ensure prompt registration, effective monitoring and timely resolution of complaints, so as to safeguard inmates from systemic neglect, abuse and discriminatory practices.
3. Appropriate facilities shall be created to ensure that prisoners with disabilities have meaningful access to inclusive education within the prison system. No inmate shall be deprived of the opportunity to pursue educational programmes solely on account of disability, and suitable adjustments shall be made to facilitate their effective participation.
4. Section 89 of the RPwd Act shall mutatis mutandis be made applicable to prison establishments across the country. All prison authorities shall take adequate steps to disseminate awareness of the obligations flowing from the said provision to all officers, staff, legal-aid personnel, and other stakeholders.
5. …all States and Union Territories to indicate in its compliance report the structured institutional mechanism proposed to ensure the regular availability, maintenance, and secure provision of assistive devices, mobility aids, and other disability-support equipment for prisoners with disabilities…
6. Prisoners with benchmark disabilities shall be entitled to enhanced visitation provisions, in order to ensure sustained family support, emotional well-being, and continuous monitoring of their special needs. The specific modalities for such visitation shall be framed by the concerned departmental head of each State and Union Territory so as to balance security considerations with the imperative of accessibility and humane treatment.”

Lastly, the SC ordered, “All States and Union Territories are hereby directed to place on record a comprehensive compliance report before this Court within four months from today, indicating the measures undertaken for effectuating the directions issued in L. Muruganantham as well as those mandated herein. The report shall clearly set out the steps adopted, the progress achieved, and the modalities evolved for ensuring faithful implementation of the aforesaid directions in the prisons located within their jurisdictions.”