'State Must Uphold Rights Of Prisoners With Disabilities' : Supreme Court Issues Directions For Prisons In Tamil Nadu

In a significant judgment today(July 15) for disability rights, the Supreme Court issued guidelines for prisoners with disabilities across all prisons in Tamil Nadu, including that all prisons must be equipped with disability-friendly infrastructure such as accessible toilets, ramps, and there must be dedicated spaces for physiotherapy etc. The directions, issued in the larger public interest to uphold the dignity and the healthcare rights of the prisoners with disabilities, also direct the State to amend the State Prison Manual within 6 months to make it in compliance with the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the 2006 United Nations Convention on the Rights of Persons with Disabilities.A bench comprising Justice JB Pardiwala and Justice R Mahadevan issued these guidelines in a special leave petition filed by an advocate, a person with disability, who was arrested in connection with a civil dispute, but during incarceration, suffered due to the lack of proper and essential food, medical care and infrastructure and facilities such as accessible sanitation facilities, ramps, a law sensory environment for rest available in the prison for persons with disabilities. While issuing these guidelines, the judgment authored by Justice R Mahadevan also emphasised that the State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities. This right is not restricted to ensuring non-discriminatory treatment also carries with it an affirmative right to ensure effective rehabilitation and reintegration into society. "The State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities. This includes not only ensuring non-discriminatory treatment but also enabling their effective rehabilitation and reintegration into society. This Court emphasizes that reasonable accommodations are not optional, but integral to any humane and just carceral system. A systemic transformation is urgently required – one grounded in compassion, accountability, and a firm constitutional commitment to dignity and equality. The disabilities of incarcerated individuals must not become a basis for further deprivation or suffering; rather, the prison system must evolve to affirm their rights and provide the care necessary for rehabilitation."The directions issued are:1) All prison authorities shall promptly identify prisoners with disabilities at the time of admission. Each prisoner shall be given an opportunity to declare any disability and provide information about their specific needs.1.1) All rules, regulations, and essential information about prison life shall be provided to such prisoners in accessible and understandable formats (e.g., Braille, large print, sign language, or simplified language).2) All prison premises shall be equipped with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments to ensure universal accessibility. 3) All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy and other necessary therapeutic services.4) A State-level access audit of all prisons in Tamil Nadu shall be completed within six months by an expert committee comprising officials from the Social Welfare Department, the Department for the Welfare of Differently Abled Persons, and certified access auditors. 4.1) Periodic audits shall thereafter be conducted and updated regularly in accordance with the Harmonized Guidelines and Standards for Universal Accessibility in India (2021). 5) The prison authorities shall ensure complete compliance with Sections 40 and 45 of the RPwD Act, 2016, Rule 15 of the 2017 Rules and the Harmonized Guidelines, 2021 in all prison infrastructure and services.6) The State shall provide healthcare for prisoners with disabilities equivalent to that available in the community, including access to physiotherapy, speech therapy, psychiatric services, and assistive devices (such as wheelchairs, hearing aids, and crutches). 7) All prison medical officers shall be adequately trained and sensitized to address disabling conditions, ensuring provision of appropriate accommodations and treatment without discrimination or bias. Furthermore, regular awareness and sensitization programmes shall be conducted in all prisons.8) Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs. 9) Lifesaving treatments, including regular and need-based physiotherapy and psychotherapy must be made available on-site or through linkage with government health facilities.10) All prison staff shall undergo comprehensive training on the rights of persons with disabilities. This training shall include:- awareness of equality and non-discrimination principles, - proper handling of disability-related challenges - use of appropriate language and behaviour, as per the UN Handbook on Prisoners with Special Needs.11) The State ...

'State Must Uphold Rights Of Prisoners With Disabilities' : Supreme Court Issues Directions For Prisons In Tamil Nadu

Gursimran Kaur Bakshi

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