Prisoners With Disability Have Enforceable Rights To Dignity, Rehabilitation & Accommodation: SC
The Supreme Court has delivered a landmark judgment affirming the constitutional and statutory rights of prisoners with disabilities, declaring that the State is duty-bound to ensure their dignity, humane treatment, and equal access to rehabilitation.
A bench of Justices J.B. Pardiwala and R. Mahadevan held that disabled inmates must not be relegated to the margins of the justice system merely because of their incarceration, and that reasonable accommodations in prison are not a matter of charity but a constitutional and legal obligation.
'The punishment lies only in the restriction of liberty, not in the denial of humane treatment or reasonable accommodations," the bench said. 'Lawful incarceration does not suspend the right to human dignity."
The judgment came in a plea by advocate L. Muruganatham, who suffers from Becker Muscular Dystrophy, a degenerative condition resulting in 80% locomotor disability. He challenged the Madras High Court's order enhancing his compensation from ₹1 lakh to ₹5 lakh after he faced systemic neglect during a wrongful period of incarceration.
The Court, while refusing to enhance the compensation further, acknowledged broader issues of systemic inaccessibility and neglect faced by prisoners with disabilities and issued time-bound, binding directions for prison reforms across Tamil Nadu. These, it held, stem not only from India's constitutional ethos but also from the Rights of Persons with Disabilities (RPwD) Act, 2016, and Article 15 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
The bench said that denial of access, medical treatment, interpreters, assistive devices, or accessible formats within custodial settings cannot be brushed aside as mere administrative gaps. They amount to violations of Articles 14 and 21 of the Constitution.
'Such systemic omissions lead to indirect discrimination," the Court said, especially when a prisoner's ability to participate in their own defence is hindered due to inaccessible procedures. The absence of interpreters, proper communication support, or assistive technology, it said, can result in miscommunication, delays in justice, and denial of fair hearing.
The Court expressed deep concern that there is no existing policy framework, unlike the minimal protections afforded to women prisoners, to protect the rights of disabled inmates or members of the transgender community.
The appellant had submitted that his physical condition had worsened in custody due to the lack of protein-rich food, assistive devices, and proper healthcare. The Court noted that while he did not receive certain specific facilities, records show that he remained in the prison hospital and was given some special amenities. The failure to provide particular food items or advanced interventions, the bench said, stemmed from 'institutional limitations" rather than malice.
Importantly, the Court clarified that Article 21 does not extend to personalised or luxurious food preferences, but mandates 'adequate, nutritious and medically appropriate food." What matters is whether the State fulfilled its obligation to safeguard the prisoner's basic health and dignity.
Recognising the structural neglect of disabled inmates, the Court framed 15 actionable directives aimed at transforming custodial spaces into inclusive, rights-compliant environments.
These include:
Mandatory identification of prisoners with disabilities at the time of admission.
Accessible prison infrastructure with ramps, modified toilets, wheelchair paths, and sensory-safe spaces.
Dedicated physiotherapy and psychotherapy spaces in every prison.
Access audits to be completed within six months by expert committees.
Compliance with RPwD Act provisions, Harmonised Guidelines (2021), and related prison rules.
Provision of healthcare services, including regular physiotherapy, psychiatric services, and assistive devices.
Sensitisation of prison and medical staff to recognise and support disabling conditions without bias.
A medically appropriate diet for all prisoners with disabilities, tailored to individual needs.
Lifesaving therapies and urgent interventions, either on-site or linked to government hospitals.
Mandatory training for prison officials on disability rights and reasonable accommodation duties.
Review of the State Prison Manual within six months to align with RPwD and UNCRPD standards.
Regular consultation with disability rights groups to frame inclusive prison policies.
Monitoring committee to inspect and report on prison conditions every three months.
Maintenance of disability-disaggregated data to track needs, services, and accommodations.
Comprehensive compliance report to be filed before the State Human Rights Commission by the Director General of Prisons within three months.
While the Court upheld the Madras High Court's ₹5 lakh compensation order as 'just and reasonable," it made it clear that the broader issue lies in institutional failure.
'A systemic transformation is urgently required, one grounded in compassion, accountability, and a firm constitutional commitment to dignity and equality," the bench declared.
About the Author
Sanya Talwar
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...Read More
Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated!
view comments
Location :
New Delhi, India, India
First Published:
July 16, 2025, 17:30 IST
News india Prisoners With Disability Have Enforceable Rights To Dignity, Rehabilitation & Accommodation: SC
Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
26 minutes ago
- Time of India
107kg Ganja Hidden Under Veggie Crates Seized
Nagpur: In a major drug bust, unit 5 of the crime branch uncovered a large consignment of ganja intended for distribution in the city. Acting under Operation Thunder, the sleuths seized 106.85 kg of the narcotic drug, which had been concealed beneath crates of vegetables. Tired of too many ads? go ad free now The interception occurred late Wednesday evening along the Bhandara-Hyderabad highway near Umiya Colony, exposing a trafficking network attempting to smuggle the contraband into the city. According to inspector Sandip Bua, the contraband, sourced from Odisha, was being ferried in a tempo. The said vehicle was intercepted by the team following a tip-off received by constable Rajendra Taklikar. On checking, the ganja — worth ₹26.71 lakh — was found stashed under 203 vegetable crates. Visuals shared by the police revealed that the smugglers had fabricated a makeshift elevated platform inside the vehicle's carriage. Vegetable crates were arranged atop the platform, while the ganja was hidden in boxes underneath. The compartment was securely fastened with two screws, suggesting a deliberate and organized effort to conceal the narcotics. The tempo, valued around ₹14 lakh, along with mobile phones and concealment tools, brings the total value of the seizure to ₹41.58 lakh. Two individuals — Taj Habib Sheikh Mohammed (27), a resident of Waki, Saoner, and Shailendra Ramlakhan Gupta (28) of Yadav Nagar, Nagpur — have been arrested in connection with the case. The vehicle had originated from Odisha, where the ganja was loaded, and was headed toward local distributors in Nagpur. "During interrogation, it was revealed that the consignment was ordered by one Mohsin alias Firoz Isam, a resident of Yashodhara Nagar in Nagpur," said Bua. Tired of too many ads? go ad free now "The crime branch traced several calls made by Isam to the accused, even after their arrest, confirming his role as the handler," he said. Two more individuals, identified only as Chhotu and Wangu, have been named as wanted suspects in the case. All five have been booked under sections 8(a), 20(b)(ii)(C), and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The operation was carried out under the supervision of police commissioner Ravindra Kumar Singal, joint CP Navinchandra Reddy, additional CP (crime) Vasant Pardeshi, and DCP Rahul Maknikar. A manhunt is underway for the absconding trio, and further investigation is in progress to dismantle the entire supply chain.
Time of India
30 minutes ago
- Time of India
Maha speaker makes NCP (SP), BJP MLAs apologise for scuffle
Supporters Of BJP & NCP (SP) MLAs Clash MUMBAI: A day after supporters of NCP (SP) legislator Jitendra Awhad and BJP MLA Gopichand Padalkar came to blows in the lobby of Vidhan Bhavan, both netas apologised on the directions of speaker Rahul Narwekar. Taking a strong view of the ruckus, Narwekar said such an incident had never happened before. One supporter of each MLA said to be involved in the clash will have to face the breach of privilege committee for maligning the image of the legislature. In addition, Narwekar said only legislators, their personal assistants and govt officials will be allowed into the House during the session. Even ministers will have to hold meetings requiring external visitors outside the assembly premises, he said. An ethics committee will also be set up, like in Parliament, to ensure legislators follow a code of conduct, he said. 'It is important to maintain public's belief in democracy. The state legislature is temple of democracy. Legislators need to uphold this tradition because they have taken an oath to follow the Constitution,' Narwekar said. He said after the scuffle, he sought a report from the security chief. Among those apprehended was Nitin Deshmukh who claimed he was Awhad's supporter and Sarjerao Bhosale, who was Padalkar's cousin. They will face the privileges committee and cases have been lodged against them and 6-7 others.
News18
42 minutes ago
- News18
NIA charge-sheets top Maoist leader for involvement in anti-India conspiracy
Agency: New Delhi, Jul 18 (PTI) The National Investigation Agency (NIA) on Friday charge-sheeted a top leader of the banned CPI (Maoist) outfit in an anti-India conspiracy case. In the supplementary charge sheet filed before the NIA special court, Hyderabad, C P Moideen alias Girish has been charged under relevant sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC), an official statement said. According to the NIA investigation, Moideen was actively involved in the Maoist conspiracy to wage a war against the government of India, it said. Evidence gathered during the investigation confirmed his central role in Maoist operations in the Western Ghats Special Zonal Committee (WGSZC) of the CPI (Maoist), said the statement issued by the NIA. Further NIA investigations revealed that he was a Special Zonal Committee Member of the WGSZC and took over as secretary of WGSZC after the arrest of Central Committee member Sanjoy Deepak Rao in September 2023. Moideen oversaw People's Liberation Guerrilla Army (PLGA) squads in WGSZC, led recruitment drives, propagated Maoist ideology and planned violent actions targeting security forces in the Kerala–Karnataka–Tamil Nadu tri-junction, the anti-terror organisation found during investigation, the NIA said. Moideen was taken into custody by the Kerala Police in August 2024 and arrested by the NIA in January 2025. The charge sheet was filed in a case originally registered by the Telangana Police in September 2023 against the cadres and members of the CPI (Maoist) and its frontal organisations following the arrest of Sanjoy Deepak Rao. Rao was nabbed when he was found carrying arms and ammunition along with Maoist literature. Subsequently, the case was taken over by the NIA, which charge-sheeted Rao and carried forward the investigation as part of its efforts to scuttle CPI (Maoist)'s revival attempts and dismantle its urban and armed networks, the statement said. PTI AKV AKV KSS KSS view comments First Published: July 18, 2025, 22:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
