22nd November 2024 (10 Topics)
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The long fight for Accessibility, Dignity in Indian Prisons
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Context
Professor G.N. Saibaba, after being wrongfully imprisoned for a decade, was exonerated in March 2024 but passed away in October. His case highlights the severe mistreatment faced by prisoners with disabilities in India, especially in terms of inadequate prison conditions and denial of basic rights.
Lack of Accessible Infrastructure
- Inadequate Facilities: Prof.Saibaba’s imprisonment in Nagpur Central Jail exposed the lack of wheelchair accessibility, forcing him to rely on fellow inmates for basic tasks.
- Systemic Neglect: Prisons, including Tihar, fail to meet the needs of prisoners with disabilities, with inaccessible toilets and cells, and limited availability of wheelchairs.
- Violation of Rights: India’s failure to enforce laws like the Rights of Persons with Disabilities Act exacerbates the suffering of disabled prisoners, exemplified by the denial of basic assistive devices to Father Stan Swamy.
Legal Framework and Political Will
- International Obligations: India is bound by international treaties like the Nelson Mandela Rules and the UN Convention on the Rights of Persons with Disabilities, but implementation remains poor.
- Lack of Accountability: Despite legal provisions, political will and adequate governance remain missing, leading to the continued mistreatment of prisoners with disabilities.
- Call for Reform: The tragic death of Prof.Saibaba should serve as a wake-up call for the state to prioritize reforms that ensure dignity and justice for all prisoners, including those with disabilities.
Practice Question:
Discuss the challenges faced by prisoners with disabilities in India and evaluate the effectiveness of current legal provisions in ensuring their rights and dignity.
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