SC issues comprehensive guidelines for disability-friendly prisons in Tamil Nadu
A bench comprising Justice JB Pardiwala and Justice R Mahadevan passed these directions while hearing a special leave petition filed by an advocate with disabilities who suffered due to lack of proper facilities during incarceration in connection with a civil dispute.
The Court directed the State to amend the State Prison Manual within six months to bring it in line with the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
Justice Mahadevan, authoring the judgment, emphasised:
'The State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities. Reasonable accommodations are not optional but integral to any humane and just carceral system.'
The Court observed that disabilities must not become a basis for further deprivation or suffering, and called for a systemic transformation grounded in compassion, accountability, and a constitutional commitment to dignity and equality.
Key Directions Issued Include, Prompt identification of prisoners with disabilities at admission and provision of rules in accessible formats (Braille, large print, sign language, simplified language).
Universal accessibility in prison premises with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments.
Designation of dedicated spaces for physiotherapy, psychotherapy, and therapeutic services. State-level access audit of all prisons within six months, with periodic audits thereafter.
Compliance with Sections 40 and 45 of the RPwD Act, 2016, Rule 15 of the 2017 Rules, and Harmonised Guidelines, 2021.
Equivalent healthcare for prisoners with disabilities, including assistive devices, physiotherapy, psychiatric services, and medical diets tailored to specific needs.
Training of prison medical officers and staff on disability rights, equality, and non-discrimination principles.
Revision of the State Prison Manual within six months to include provisions prohibiting discrimination against prisoners with disabilities, and to promote reasonable accommodation.
Periodic consultations with civil society organisations working in the disability sector.
Constitution of a monitoring committee to conduct inspections and submit compliance reports every three months.
Maintenance of disaggregated data on prisoners' disability status, accessibility, accommodations, and medical requirements, to be made public with privacy safeguards.
The Director General of Prisons to file a compliance report before the State Human Rights Commission within three months.
The matter pertains to that the petitioner suffers from Becker Muscular Dystrophy, Autism Spectrum Disorder, and related psychological conditions. Due to a lack of reasonable accommodations in prison, his health deteriorated.
After his release on bail, he was granted compensation of Rs 1 lakh by the Tamil Nadu Human Rights Commission, which also recommended making all prisons accessible in line with the Supreme Court's 2017 Rajiv Raturi judgment recognising accessible infrastructure as part of Article 21.
His writ petition before the Madras High Court was dismissed in November 2022, leading to the present appeal before the Supreme Court.
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