8th March 2025 (10 Topics)

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SC Flags Lack of Disabled-Friendly Prisons in India

Context

The Supreme Court of India raised concerns over the lack of disabled-friendly facilities in Indian prisons. The issue was highlighted in a petition citing the inhumane treatment of Professor G.N. Saibaba and Father Stan Swamy, both of whom suffered from severe disabilities while incarcerated.

Key Concerns Raised

Inhumane Treatment of Disabled Prisoners
- Professor G.N. Saibaba, a wheelchair-bound academic and human rights activist, suffered severe health deterioration in prison due to inadequate facilities and ultimately passed away.
- Stan Swamy, a senior activist suffering from Parkinson’s disease, was denied medical treatment and basic assistive support, leading to his death in custody.
Violation of Disability Rights
- Disabled prisoners are doubly punished—once for their conviction and again for being disabled.
- Indian prisons lack ramps, accessibility measures, and essential mobility aids, violating the Rights of Persons with Disabilities Act, 2016.
- Prison manuals do not mandate specialized facilities for disabled inmates, forcing them to live under the same conditions as non-disabled prisoners, ignoring their specific needs.
Fundamental Rights Violated
- Article 14 (Right to Equality): Disabled prisoners face discriminatory treatment.
- Article 21 (Right to Life & Dignity): Denying medical care and basic support violates the fundamental right to live with dignity.

Required Measures

Ensuring the dignity and rights of disabled prisoners requires urgent action, including:

Comprehensive data collection on disabled prisoners.
Amend prison manuals to include mandatory accessibility provisions, such as ramps, disabled-friendly cells, and assistive devices.
Regular medical assessments and access to assistive devices.
Sensitization programs for prison staff on handling disabled inmates humanely.
Independent oversight mechanisms to prevent abuse.

Fact Box:

Legal and Constitutional Aspects

‘Prisons’ is a State subject, State governments bear the explicit responsibility to ensure that the rights of prisoners with disabilities are upheld.
All prisoners in India are entitled to the rights to equality, freedom, and life with dignity, as enshrined in the Constitution. The Supreme Court, in Upendra Baxi vs. State of U.P. (1983), affirmed that prisoners have the right to humane conditions.
India has laws to protect disabled individuals, but they are ignored in prisons.
Persons with Disabilities Act, 2016: The Act mandates “reasonable accommodation” and equal rights for persons with disabilities, but no specific provisions exist for prisoners.
- The lack of accessible infrastructure in prisons directly violates the Act’s intent.
- India’s legal framework lacks provisions for the welfare of disabled prisoners, even under the Persons with Disabilities Act, 2016.
The Model Prison Manual (2016) issued by the Ministry of Home Affairs (MHA) mandates dignified prison conditions.
For prisoners with disabilities, India has international obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which prohibits torture and inhumane treatment.
- Reasonable accommodation, a key principle of the CRPD, is not applied in Indian prisons.
The Nelson Mandela Rules (2015) mandate reasonable accommodations for disabled prisoners.
Global Standards
Countries like the U.S. and the U.K. have comprehensive laws ensuring accessible and humane treatment of disabled prisoners.

Prison Statistics India (PSI) 2022

The Prison Statistics India (PSI) 2022 report by the National Crime Records Bureau (NCRB) highlights India’s prison crisis, but fails to capture a crucial aspect—prisoners with disabilities.
Key Findings from PSI 2022:
- India’s prison population stands at 573,220.
- 75% of prisoners are undertrials (awaiting trial, not convicted).
- Over 66% of prisoners belong to marginalized caste groups (SC, ST, OBC).
- No official data exists on prisoners with disabilities.
The World Health Organization (WHO) estimates that 1 in 6 individuals worldwide (16% of the population) lives with a disability. Despite being the largest minority group, people with disabilities remain invisible in criminal justice reforms.

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GS Analyst: Daily Current Affairs

8th March 2025 (10 Topics)

Copy

SC Flags Lack of Disabled-Friendly Prisons in India

Key Concerns Raised

Required Measures

Fact Box:

Still Have Questions?

GS Analyst: Daily Current Affairs

SC Flags Lack of Disabled-Friendly Prisons in India

Key Concerns Raised

Required Measures

Fact Box:

Still Have Questions?

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