SC directs TN jail authorities to identify disabled prisoners at time of admission

The Supreme Court on Tuesday directed Tamil Nadu jail authorities to identify prisoners with disabilities at the time of admission and said all prisons must be equipped with disabled-friendly infrastructure.

Issuing a slew of directions, a bench of Justices J B Pardiwala and R Mahadevan said each prisoner should be given an opportunity to declare any disability and provide information about their specific needs.

''This court expresses deep concern over the plight of incarcerated individuals with disabilities, who are among the most marginalised and vulnerable groups, within the justice system. The social and structural barriers they face in society are only magnified within the prison environment,'' the bench said.

The order pointed the absence of a specific legal or policy framework guaranteeing dignity, access and protection to disabled or trans prisoners unlike women inmates who had been afforded minimal safeguards. ''From the stage of arrest through trial and incarceration, persons with disabilities face systemic disadvantage due to the lack of training and sensitivity among police and prison personnel.'' The top court said all rules, regulations and essential information about prison life should be provided to such prisoners in accessible and understandable formats such as Braille, large print, sign language or simplified language.

''All prison premises shall be equipped with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments to ensure universal accessibility. All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy and other necessary therapeutic services,'' it added.

Advocate L Muruganantham, who suffers from Becker muscular dystrophy, moved against an order of the Madras High Court ordering Rs 5 lakh compensation to him.

Muruganantham was imprisoned in a criminal complaint of a person with whom his family had a land dispute.

The top court ordered a state-level access audit of all prisons in Tamil Nadu to be completed within six months by an expert committee comprising officials of the Social Welfare Department, Department for the Welfare of Differently Abled Persons and certified access auditors.

''Periodic audits shall thereafter be conducted and updated regularly in accordance with the Harmonized Guidelines and Standards for Universal Accessibility in India (2021).'' The state, the apex court directed, should provide healthcare to prisoners with disabilities equivalent to that available in the community, including access to physiotherapy, speech therapy, psychiatric services aside from assistive devices.

The apex court directed adequate training and sensitisation of all prison medical officers to address the problems faced by the disabled without discrimination or bias.

''Furthermore, regular awareness and sensitisation programmes shall be conducted in all prisons. Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs,'' the verdict said.

The bench went on, ''Lifesaving treatments, including regular and need-based physiotherapy and psychotherapy must be made available on-site or through linkage with government health facilities. All prison staff shall undergo comprehensive training on the rights of persons with disabilities.'' The State Prison Manual should be reviewed and appropriately amended within six months to ensure conformity with the RPwD Act, 2016 and the UNCRPD, it said.

The Director General of Prisons was directed to file a comprehensive compliance report before the State Human Rights Commission within three months from the date of the judgment, detailing steps taken in furtherance of these directions.

''We make it clear that these directions are issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings. The obligations herein are rooted in India's constitutional guarantees, statutory mandates, and international human rights commitments,'' the bench clarified.

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