Constitution of India – Arts.14 and 21 – Rights of Persons with Disabilities Act, 2016 – United Nations Convention on the Rights of Persons with Disabilities, 2006 – Prisoners with disabilities – Appellant herein suffers from Becker Muscular Dystrophy, Autism Spectrum Disorder, and associated psychological conditions – An FIR was filed against him – Appellant was arrested – According to the appellant, during his incarceration, the prison authorities failed to provide him with appropriate food, medical care, and other necessary support considering his physical disability, which led to a deterioration in his health – Consequently, he lodged a complaint before the SHRC – The SHRC awarded Rs.1,00,000/- as compensation and directed initiation of disciplinary proceedings against erring police officer-respondent no.2 – The High Court enhanced the compensation to Rs.5,00,000/- and awarded costs of Rs.25,000/- to the appellant – The direction for disciplinary action against respondent no.2, was affirmed by the High Court and complaint against respondent no.3 (the prison authorities) was dismissed – Whether the order passed by the High Court require interference:
Held: 1. The deficiencies in prison facilities may not be directly attributable to the respondent authorities in the present case – Accordingly, they cannot be held liable for the same – The direction issued by the High Court for initiation of departmental proceedings against respondent no.2, as well as the dismissal of the complaint against respondent no.3 (the prison authorities), appears to be well-reasoned and based on a careful appreciation of the facts and evidence on record – In contrast, no material was produced by the appellant to establish wilful negligence or deliberate omission on the part of the prison authorities to warrant a finding of human rights violation – There is no justification to disturb conclusions reached by the High Court. [Para 22]
2. While it is evident that the appellant did not receive certain medical and dietary facilities appropriate to his condition during incarceration, the records indicate that he remained in the prison hospital throughout and was provided with some special amenities recognising his disability – The absence of specific provisions, such as protein-rich food or specialised medical interventions appears to stem from institutional limitations within the prison system rather than from any deliberate neglect or malice on the part of the prison authorities – Mere non-supply of preferred or costly food items cannot ipso facto be treated as a violation of fundamental rights – Prisons are correctional institutions–not extensions of civil society’s comforts – The non-supply of non-essential or indulgent items does not amount to a constitutional or human rights violation unless it results in demonstrable harm to health or dignity – Considering the nature of the appellant’s disability (assessed at 80%), the progressive deterioration of his health during custody, the High Court was justified in enhancing the compensation from Rs.1,00,000/- to Rs.5,00,000/-. [Paras 21.1, 21.2, 21.3] Prison Reforms – Urgent need – Improvement of quality of life of inmates – Discussed.
Rights of Prisoners with disabilities – Obligation of the State: Held: The State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities – This includes not only ensuring non-discriminatory treatment but also enabling their effective rehabilitation and reintegration into society – This Court emphasizes that reasonable accommodations are not optional, but integral to any humane and just carceral system – A systemic transformation is urgently required–one grounded in compassion, accountability, and a firm constitutional commitment to dignity and equality – The disabilities of incarcerated individuals must not become a basis for further deprivation or suffering; rather, the prison system must evolve to affirm their rights and provide the care necessary for rehabilitation. [Para 34]
Constitution of India – Arts. 14 and 21 – Rights of Persons with Disabilities Act, 2016 – United Nations Convention on the Rights of Persons with Disabilities, 2006 – Prisoners with disabilities – The following directions are issued for immediate and time-bound compliance:
Held: 1) All prison authorities shall promptly identify prisoners with disabilities at the time of admission – 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); 2) All prison premises shall be equipped with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments to ensure universal accessibility; 3) All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy and other necessary therapeutic services; 4) A State-level access audit of all prisons in Tamil Nadu to be conducted by an expert committee; 5) The prison authorities shall ensure complete compliance with Sections 40 and 45 of the RPwD Act, 2016, Rule 15 of the 2017 Rules and the Harmonized Guidelines, 2021 in all prison infrastructure and services; 6) The State shall provide healthcare for prisoners with disabilities equivalent to that available in the community, including access to physiotherapy, speech therapy, psychiatric services, and assistive devices (such as wheelchairs, hearing aids, and crutches); 7) All prison medical officers shall be adequately trained and sensitized to address disabling conditions, ensuring provision of appropriate accommodations and treatment without discrimination or bias; 8) Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs; 9) Lifesaving treatments, including regular and need-based physiotherapy and psychotherapy must be made available on-site or through linkage with government health facilities; 10) All prison staff shall undergo comprehensive training on the rights of persons with disabilities; 11) The State Prison Manual shall be reviewed and appropriately amended within six months to ensure conformity with the RPwD Act, 2016 and the UNCRPD; 12) The State shall undertake periodic consultations with civil society organisations working in the disability sector to develop inclusive policies and identify accommodations based on real needs; 13) The State shall constitute a monitoring committee to conduct periodic inspections and submit compliance reports every three months; 14) The State shall maintain and update disaggregated data on the disability status of prisoners, including records on accessibility, reasonable accommodations, and medical requirements; 15) The Director General of Prisons shall file a comprehensive compliance report before the State Human Rights Commission within three months from the date of this judgment, detailing all steps taken in furtherance of these directions. [Para 35]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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