NEW DELHI: The Supreme Court on Tuesday issued guidelines for prisoners with disabilities across all prisons in Tamil Nadu, as it directed that prisons must be equipped with disability-friendly infrastructure such as accessible toilets, ramps, etc.
"The denial of accessibility and essential care to persons with disabilities incarcerated in prisons amounts to violation of fundamental rights under Articles 14 (right to equality) and 21 (right to life and liberty) of the Constitution," said a two-judge Bench of the top court of Justices JB Pardiwala and R Mahadevan.
The top court passed the verdict after hearing an appeal filed by one, L Muruganantham, a physically disabled advocate, who had alleged custodial abuse and inadequate medical care while incarcerated in a prison in Tamil Nadu in a case.
Upholding the dignity and the healthcare rights of the prisoners with disabilities, the apex court directed the State to amend the State Prison Manual within 6 months to make it in compliance with the Rights of Persons with Disabilities Act, 2016 (RPwD Act), and other provisions.
"Social and structural barriers they face in society are only magnified within the prison environment. Most prison facilities are structurally inaccessible to individuals with mobility, sensory, or cognitive impairments,” the Court said.
Highlighting that the State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities, the apex court added, this right was not restricted to ensuring non-discriminatory treatment also carries with it an affirmative right to ensure effective rehabilitation and reintegration into society.
"In the absence of trained caregivers or custodial policies, prisoners are often denied help with essential daily activities such as bathing, dressing and eating. This neglect results in indignity, mental distress and, at times, serious physical harm," the Court said.
It passed the following directions:
A) All prison authorities shall promptly identify prisoners with disabilities at the time of admission. Each prisoner shall be given an opportunity to declare any disability and provide information about their specific needs, it said.
B) All rules, regulations, and essential information about prison life shall be provided to such prisoners in accessible and understandable formats (e.g., Braille, large print, sign language, or simplified language), safe environments to ensure universal accessibility.
C) All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy, and other necessary therapeutic services.
D) A State-level access audit of all prisons in Tamil Nadu shall be completed within six months by an expert committee comprising officials from the Social Welfare Department, the Department for the Welfare of Differently Abled Persons, and certified access auditors.