Supreme Court to examine lack of facilities in jails for disabled prisoners after PIL cites Saibaba, Stan Swamy

The Supreme Court on Friday sought the response of the Central government to a Public Interest Litigation(PIL) seeking adequate facilities for disabled prisoners in jails and and full implementation of the Rights of Persons with Disabilities (RPwD) Act of 2016 in prisons across the country [Sathyan Naravoor v. Union of India & Ors.].The PIL cited the instances of treatment meted out to Professor GN Saibaba and Father Stan Swamy to highlight the severe neglect of disabled prisoners and lack of disabled-friendly accommodation, washrooms and other facilities in jails. While Stan Swamy passed away in 2021 while lodged in jail as an undertrial prisoner in the Bhima Koregaon violence case, Saibaba passed away last year a few months after he was acquitted and released from prison in a Maoist link case in which he was arrested in 2014.“The demise of Prof. GN Saibaba, a scholar and human rights activist with disabilities, was directly attributable to his deteriorating health, exacerbated by prolonged incarceration and the inhumane conditions of his detention. Stan Swamy also struggled with disability due to Parkinson’s syndrome and died while in prison. He was denied medical treatment and basic support,” the petition submitted.The petitioner, public activist Sathyan Naravoor, therefore contended that necessary provisions should be incorporated in the existing Prison Act and Rules to address the special needs of disabled prisoners.A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the notice to the government after hearing the counsel for petitioner, advocate Kaleeswaram Raj."Issue notice, returnable within four weeks," the Court said..According to petition, even after more than eight years since the enactment of the RPwD Act, 2016, most State prison manuals still do not include mandatory provisions for ramps and other essential accessibility measures.This ongoing failure severely impacts the basic mobility of disabled prisoners within prison premises, directly violating the statutory requirements of the Act, the petitioner contended..The petition drew attention to the lack of infrastructural facilities such as ramps, accessible toilets and disability-friendly accommodations in most Indian prisons."PwD prisoners often depend on others for assistance with daily tasks, and the lack of adequate facilities in prisons places them at a significant disadvantage compared to non-disabled inmates. For example, paraplegic inmates require housing accommodations, toilets, and accessibility measures specifically tailored to their needs. Therefore, inmates with mobility issues encounter difficulties in using standard toilets and showers, and their wheelchairs may often not fit within standard Indian prison cells, especially “Anda” (egg-shaped) cells. These prisoners may require specific medical care related to their disabilities, such as physiotherapy and physical assessments, which are often difficult to provide in a prison setting," the petition said..According to the petition, countries like the U.S. and the U.K. have comprehensive laws ensuring accessible and humane treatment of disabled prisoners. The plea highlighted including India’s commitments under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Nelson Mandela Rules, which mandate equitable access to prison facilities for disabled individuals.There should be similar legislative and administrative reforms in India to bring its prison system in line with global human rights standards, the Court was told..Besides Kaleeswaram Raj, advocates Mohammed Sadique TA, Thulasi K Raj, Aparna Menon and Chinnu Maria Antony appeared for the petitioner. .[Read Order]