Prisoners with disabilities : Directions issued across all States and Union Territories

Supreme Court Mandates Inclusive Prison Facilities for Persons with Disabilities Across India Apex Court Extends Protections Under RPwD Act to Incarcerated Individuals, Ensuring Accessibility and Equal Treatment

In a landmark judgment, the Supreme Court of India has directed that all prison facilities across the country must accommodate the needs of prisoners with disabilities in compliance with the Rights of Persons with Disabilities Act, 2016. This decision was delivered in the case of Sathyan Naravoor v. Union of India, extending the mandates previously set in the L. Muruganantham case to all Indian states and Union Territories.

The petitioner, Sathyan Naravoor, had filed a writ petition under Article 32 of the Constitution, highlighting the inadequacies in prison facilities for persons with disabilities (PwD). The petition underscored the lack of necessary accommodations, such as ramps and accessible infrastructure, which are crucial for PwD inmates, as well as the absence of specialized care and inclusive education opportunities. This, the petitioner argued, was in violation of the RPwD Act and international obligations under the UNCRPD.

The Supreme Court, in its decision, acknowledged that many of these issues had been addressed in the case of L. Muruganantham v. State of Tamil Nadu, which focused on the provision of appropriate facilities for PwD prisoners in Tamil Nadu. The Court has now mandated that the directives from this case be applied nationwide. These include ensuring that prison premises are equipped with wheelchair-friendly spaces, accessible toilets, and ramps, and that inmates with disabilities have access to inclusive education and assistive devices.

Furthermore, the Court has introduced additional measures to bolster the protection and rights of PwD prisoners. It has called for the establishment of a robust grievance redressal mechanism to protect PwD inmates from neglect and abuse, and directed that Section 89 of the RPwD Act be applied to prisons, emphasizing the need for awareness and sensitization among prison staff.

The judgment also stresses the importance of maintaining prisoners' emotional well-being by enhancing visitation rights for those with benchmark disabilities, thereby ensuring continuous family support and monitoring of their special needs.

The Supreme Court has ordered that a comprehensive compliance report be submitted by all states and Union Territories within four months, detailing the measures taken to implement these directives. The compliance report is to include strategies for integrating assistive aids into the prison environment without compromising security.

This ruling is hailed as a significant step towards ensuring the dignity and rights of prisoners with disabilities, aiming to transform Indian prisons into more inclusive environments that respect the needs and rights of all individuals.

Bottom Line:

Directions issued for ensuring accessible and inclusive prison facilities for persons with disabilities (PwD) across all States and Union Territories, in compliance with the Rights of Persons with Disabilities Act, 2016 and international obligations under UNCRPD.

Statutory provision(s): 

• - Constitution of India, 1950 Article 32
• - Rights of Persons with Disabilities Act, 2016, Sections 40, 45, and 89

Sathyan Naravoor v. Union of India, (SC) : Law Finder Doc Id # 2818975