Syllabus:

GS2: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections. 

Context: 

Recently, the Supreme Court of India delivered a significant judgement in L. Muruganantham vs. State of Tamil Nadu, shedding light on a deeply troubling reality: the systemic neglect faced by prisoners with disabilities in our criminal justice system. 

More on the News

• The judgement directs Tamil Nadu government to take measures, including identification of prisoners with disabilities at the time of incarceration, amendment of its prison manual to bring in disability rights-respecting measures, and mandatory sensitisation of prison officials.
• Court noted that India’s prisons remain structurally and operationally ill-equipped to meet the needs of disabled inmates. 
• Lack of accessibility, specialised healthcare, assistive devices, and sensitised staff constitutes a denial of constitutional rights under Article 21.The judgement directs it to take measures, including identification of prisoners with disabilities at the time of incarceration, amendment of its prison manual to bring in disability rights-respecting measures, and mandatory sensitisation of prison officials.
• The judgement was delivered on the basis of the Rights of Persons with Disabilities Act, 2016 (‘RPwD Act’), and India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, 2006 (‘UNCPRD’).
• The Court also observed that, the NCRB does not record the number of prisoners with disabilities – a glaring omission that obstructs accountability and reform. 
• This judgement underscores the need to integrate disability data across the criminal justice system. 

Challenges in the Prison

• Lack of Accessible Infrastructure: Most prisons are structurally inaccessible, with inadequate ramps, wheelchair-accessible cells, and accessible toilets, forcing disabled inmates to rely on others for basic daily tasks, as seen in cases like Professor G.N. Saibaba's. 
• Inadequate Healthcare and Assistive Devices: Disabled prisoners are often denied necessary medical treatment, physiotherapy, psychiatric care, and essential assistive devices like wheelchairs, hearing aids, or crutches, leading to further health deterioration. 
• Absence of Trained Staff and Caregivers: Prisons lack trained staff and caregivers to assist inmates with daily activities like bathing, dressing, and eating, which exacerbates the suffering of those with mobility or cognitive impairments. 
• Psychological Distress and Social Exclusion: The lack of facilities, isolation, and mistreatment contribute to anxiety, depression, and deteriorating mental health among disabled prisoners, intensifying the social exclusion they face. 

Way Forward

• Friendly Infrastructure: All prison premises must be made wheelchair-friendly with ramps, accessible toilets, and barrier-free spaces for corridors and common areas. 
• Disability Screening at Admission: All incoming prisoners should be screened for disabilities at admission, and their specific needs must be documented and addressed.
• Staff Training and Sensitisation: Prison staff need regular training to understand the rights, needs, and appropriate handling of prisoners with disabilities, promoting humane treatment and preventing abuse. 
• Independent Audits and Oversight: Establish mechanisms for regular audits and inspections by independent bodies to ensure compliance with accessibility and care standards. 
• Legal Integration of Disability Rights: State Governments and UT Administrations are urged to incorporate provisions of the Rights of Persons with Disabilities Act, 2016, and Model Prison Manual, 2016 into their respective Prison Acts and Rules. 

Source: Deccan Herald

https://www.deccanherald.com/opinion/disability-rights-and-a-case-for-prison-reform-3638793#google_vignette