Plight of Prisoners with Disabilities needs attention SC

Why in the News?

The Supreme Court has acknowledged a serious issue regarding the lack of disabled-friendly infrastructure in prisons, following a petition citing the trauma and inhumane conditions faced by Professor G. Saibaba and Stan Swamy.

A bench comprising Justices Vikram Nath and Sandeep Mehta noted that even the Persons with Disabilities Act (2016) lacks a legal framework to safeguard the rights of disabled prisoners.

Challenges Faced by Disabled Prisoners:

• Inaccessible Infrastructure: Most prisons lack ramps, handrails, wheelchair-accessible cells, and essential assistive devices.
• Denial of Medical Care: Many disabled prisoners do not receive necessary medical treatment, physiotherapy, or even basic aids like hearing devices or walking supports.
• Psychological Distress: Isolation, lack of facilities, and mistreatment lead to anxiety, depression, and deteriorating mental health among disabled prisoners.
• Data Deficiency: No official records track the number or condition of disabled prisoners, making policy implementation difficult.

Rights of Persons with Disabilities (in Prisons)

• Article 14 guarantees equality before the law, ensuring that prisoners are not discriminated against based on disability.
• Article 21 upholds the right to life and dignity, including humane treatment for prisoners.
• Rights of Persons with Disabilities Act, 2016 mandates accessible public spaces, medical care, and assistive devices for persons with disabilities, but implementation in prisons remains inadequate.
• Model Prison Manual, 2016 recommends disability-friendly infrastructure such as ramps and medical care provisions, yet many states have not adopted these reforms.
• Supreme Court Judgments:
• • In Upendra Baxi vs. State of U.P. (1983), the Supreme Court reaffirmed that prisoners are entitled to humane treatment.
  • In Rama Murthy vs. State of Karnataka (1996), the Court highlighted the urgent need for prison reform, including facilities for disabled inmates.
  • The Stan Swamy Case (2021) brought attention to the denial of essential assistive tools such as straws and sippers for Parkinson’s patients.

Past Committees on Prison Reform:

• Mulla Committee (1983):
  • Recommended improved prison infrastructure, special provisions for disabled inmates, and measures to reduce overcrowding.
  • Suggested protection against abuse and better training for prison staff.
• Krishna Iyer Committee (1987): Focused on the welfare of women prisoners, recommending separate facilities, healthcare, and special provisions for pregnant inmates.
• Justice A.N. Mulla Committee (1993): Emphasized the need for humane treatment and rehabilitation, along with stricter measures against custodial torture.
• Justice Krishna Iyer Report (2000): Called for legal aid for undertrial prisoners and mandatory inspections to monitor prison conditions.
• Model Prison Manual (2016):
  • Provided guidelines for standardized prison reforms, including healthcare, accessibility, and rehabilitation programs.
  • Despite being issued by the Ministry of Home Affairs, many states have failed to adopt its recommendations.