Introduction
The Supreme Court has issued a notice on a Public Interest Litigation (PIL) seeking the strict implementation of the Rights of Persons with Disabilities Act, 2016 (RPwD Act). This was focussed in the prisons in India. The two judges, Vikram Nath and Sandeep Mehta subsequently had passed the order on March 20, 2025, scheduling the matter for further consideration on April 8, 2025.The petition was filed by a Kerala-based political activist who through this case highlights the systemic neglect faced by prisoners with disabilities (PwD) in Indian prisons. He calls for immediate reforms to ensure compliance with the RPwD Act in the prisons in India.
Background
The petitioner has urged the Supreme Court of India to direct the Department of Empowerment of Persons with Disabilities along with the Ministry of Social Justice and various state and Union Territory governments to provide adequate facilities for PwD prisoners in the prisons all over the country. The plea focuses on the lack of reasonable accommodations which further violates the fundamental rights and directly impacts the lifestyle of undertrial prisoners. In the petition it is also stated that prison manuals do not mandate accessibility measures for PwD inmates in the prisons. While some states like Delhi, Goa, and Haryana have included the limited provisions in their prison rules, these measures remain insufficient to address the needs of PwD prisoners as a whole in the country. It is also pointed out that overcrowded prisons further increase the challenges that is being faced by the PwD inmates. It leaves them vulnerable to neglect, inadequate medical care, and heightened risks of violence.
Key Points
The petition argues that housing these PwD prisoners in facilities designed for non-disabled inmates goes against the entire purpose of the RPwD Act. It contends that this lack of differentiation results in systemic discrimination against PwD prisoners. PwD inmates often rely on fellow prisoners for assistance with daily tasks due to inadequate facilities, placing them at a significant disadvantage compared to non-disabled inmates. The petitioner highlights that overcrowded prisons further constitute to increase the plight of PwD prisoners, therefore leading to dehumanizing conditions and intensified alienation within an already difficult environment.
A comparison is being made with countries like the USA and UK, where disability-friendly prison policies are being mandated by the law, underscoring India’s lagging efforts in this regard. The petition cites two significant cases to showcase its arguments. Through the GN Saibaba Case, the petitioner argues that Professor GN Saibaba’s deteriorating health during incarceration shows us how inadequate prison conditions can lead to severe consequences for PwD prisoners. The case of Stan Swamy , where the death of tribal rights activist Stan Swamy while in custody is cited as another example of how the system entirely neglects the disproportionately vulnerable inmates with disabilities or health conditions like that of Parkinson’s syndrome.
Recent Developments
The petitioner also criticized the lack of precise data on PwD prisoners in India, pointing out that reports like the National Crime Records Bureau’s Prison Statistics Data fail to provide exact figures for this demographic. This absence of data further complicates efforts to address their needs effectively
Conclusion
The Supreme Court’s decision to issue notice marks a significant step toward addressing systemic gaps in ensuring disability rights within Indian prisons. The PIL underscores that while legislation like the RPwD Act exists, its implementation remains inadequate in closed environments such as prisons. By taking up this matter, the Court has an opportunity to set a precedent for protecting one of society’s most marginalized groups—persons with disabilities—within the criminal justice system.This case also brings attention to broader issues such as overcrowding, lack of accessibility measures, and insufficient data collection regarding PwD prisoners, highlighting an urgent need for comprehensive reforms at both state and national levels
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Written by POOJA PARAMESWARAN
