The Supreme Court has issued a notice on a public interest litigation (PIL) seeking the strict implementation of the Rights of Persons with Disabilities Act, 2016, in prisons nationwide.

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order, with the matter scheduled for further consideration on April 8, 2025.  

The petitioner, a political activist from Kerala, has urged the court to direct the authorities to ensure that prisoners with disabilities receive adequate facilities and resources while in custody. The respondents in the case include the Union of India, the Department of Empowerment of Persons with Disabilities, the Ministry of Social Justice, and various state and Union Territory governments.  

The plea highlights the absence of a comprehensive legal framework guaranteeing reasonable accommodation for persons with disabilities in prisons, arguing that this gap results in a violation of fundamental rights, particularly for undertrial prisoners.

"There are no provisions for PwD prisoners that provide for their specific needs. They are still housed in the same facilities as non-PwD inmates, thereby receiving similar treatment regardless of their specialized requirements. This vitiates the purpose of the Rights of Persons with Disabilities Act, 2016 (RPwD Act)."

It further contends that PwD inmates often rely on others for assistance with daily tasks, and the lack of adequate facilities leaves them at a significant disadvantage compared to non-disabled prisoners.

It is argued that while prison administration and related matters fall under the State List (as per the 7th Schedule), most state prison manuals lack mandatory provisions for ramps and other accessibility measures in prisons. Although some States and Union Territories, such as Delhi, Goa, and Haryana, have incorporated provisions in their prison manuals and rules to address the specific needs of PwD prisoners, these measures remain insufficient.

"The prison conditions in themselves are inhumane and belittling for non-PwD prisoners, but the brunt of neglect falls more heavily on the PwD prisoners", the petition states.

The petitioner further argues that overcrowded prisons in India, combined with the lack of proper differentiation and supervision, may lead to heightened violence, neglect, and inadequate medical care for PwD prisoners.

"In such an environment, PwD prisoners are particularly vulnerable, and the absence of tailored accommodations accelerates the dehumanization process. While the RPwD legislation exists to protect against discrimination, the practical reality is that individuals with disabilities in Indian prisons experience intensified forms of discrimination and alienation due to the closed and restricted nature of the environment."

In support of his arguments, the petitioner cites the cases of Delhi University professor GN Saibaba, who has 90% physical disability and was accused of terrorism, and Stan Swamy, a priest and tribal rights activist who was an undertrial in the Bhima Koregaon case. The petitioner contends that Prof. Saibaba’s death was a direct result of his deteriorating health, worsened by prolonged incarceration and inhumane prison conditions, while Stan Swamy passed away in custody while suffering from Parkinson’s syndrome.

The petitioner also cites Accused 'X' vs. State of Maharashtra (2019), in which the Supreme Court directed states to uphold the rights of a mentally challenged prisoner under the Mental Healthcare Act, 2017. However, he argues that relying solely on judicial intervention to protect disability rights results in a fragmented approach, making constitutional protections burdensome. Quoting a scholar, the petitioner highlights that this situation effectively imposes a "double punishment" on PwD prisoners—first, the legal penalty for their crime, and second, the systemic disadvantage they face due to the ableist nature of criminal justice institutions.

Drawing comparisons with countries like the USA and the UK, the petitioner underscores that progressive democracies have specific legal provisions mandating disability-friendly prisons and protecting PwD prisoners from inhumane conditions. He further points out the lack of precise data on the number of PwD prisoners in India. While referring to the Prison Statistics Data report published by the National Crime Records Bureau (NCRB), he notes that the report does not provide exact figures for PwD prisoners.

The petition has been drafted by Advocates Thulasi K Raj, Aparna Menon, and Chinnu Maria Antony, settled by Advocate Kaleeswaram Raj, and filed through Advocate-on-Record Mohammed Sadique TA.