Supreme Court of India: Directions for Disability Support in Prisons

The Supreme Court of India has issued directions to provide disability-related support in prisons, addressing a petition focused on implementing the disability law in detention facilities, influenced by cases like G.N. Saibaba and Stan Swamy.

Key Points

• Constitutional Guarantees: The petition highlighted the constitutional guarantees of equality and life with dignity for prisoners with disabilities.
• Rights of Persons with Disabilities Act 2016: This Act mandates government support for persons with disabilities, including those in prison.
• Implementation Challenges:
  • Prisons are managed by State governments, but Union government influences policy through model prison manuals, laws, and advisories.
  • Many State prison manuals are outdated, assuming physical ability in prisoners.
• Court's Stand on Segregation: The Supreme Court has declared caste-based segregation in jails unconstitutional and is monitoring broader discrimination across caste, gender, and disability.
• Caste and Disability Intersection: There is a noted intersection of caste bias and disability among prisoners, with over-representation of Dalit and Adivasi prisoners.
• Mental Illness in Prisons: The National Crime Records Bureau (NCRB) notes a significant number of inmates with mental illness.
• Budgetary and Structural Changes Needed:
  • Amendment of prison manuals to include clear duties for disability-related accommodations.
  • Screening for disabilities upon admission and providing necessary support.
  • Increased funding to address accessibility and non-discrimination as core obligations.
• Public Oversight and Accountability: Independent inspections and routine publication of disaggregated data on caste and disability in prisons are necessary for effective public oversight.