Why in NEWS?
The Supreme Court of India, in the L Muruganantham vs. State of Tamil Nadu (2025) case, ruled that denying essential facilities to disabled prisoners violates Fundamental Rights and mandates reforms aligning with the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
Key Terms and Concepts
| Term | Explanation |
|---|---|
| RPwD Act, 2016 | Indian law to protect rights and dignity of Persons with Disabilities (PWDs). |
| Article 21 | Right to life and personal liberty; includes dignity. |
| Article 14 | Guarantees equality before law. |
| UNCRPD | United Nations Convention on the Rights of Persons with Disabilities. India ratified it in 2007. |
| Indirect Discrimination | Policies/practices that appear neutral but adversely affect a disadvantaged group. |
| Access Audit | A systematic review to ensure a place is accessible to persons with disabilities. |
Structural Barriers that Marginalize Disabled Inmates
| Challenge | Impact |
|---|---|
| Institutional Inaccessibility | Lack of ramps, accessible toilets, sign language support, and caregivers. |
| Procedural Discrimination | No interpreters or accessible formats during legal proceedings. |
| Therapeutic Neglect | No physiotherapy, psychiatric, or rehabilitation services in jails. |
| Data Gaps | NCRB does not maintain disability-specific prisoner data. |
| Violation of RPwD Act | Prisons not adhering to accessibility mandates of Sections 6, 25, 38. |
Constitutional & Legal Rights of Disabled Prisoners
| Provision | What It Ensures |
|---|---|
| Article 14 & 21 | Equality and dignity even in custody. |
| RPwD Act, Section 6 | Protection in situations of risk, including jails. |
| RPwD Act, Section 25 | Right to healthcare and rehabilitation. |
| RPwD Act, Section 38 | Equal opportunity in justice systems. |
| UNCRPD Article 15 | Prohibits inhuman treatment of disabled persons in detention. |
Supreme Court Directives for Disabled-Friendly Prisons
| Directive | Description |
|---|---|
| Identification | Disability status must be documented at time of prison admission. |
| Accessible Communication | Braille, large print, sign language, simplified language formats to be used. |
| Infrastructure | Wheelchair-friendly spaces, ramps, accessible toilets mandatory. |
| Therapy & Care | Physiotherapy, psychotherapy facilities to be set up in all prisons. |
| Access Audit | Tamil Nadu prisons to be audited in 6 months by expert panel. |
| Sensitization | Mandatory training of prison staff on disability rights and care. |
About RPwD Act, 2016
| Feature | Detail |
|---|---|
| Purpose | Align with UNCRPD, expand rights and protections for PWDs. |
| Disability Categories | Expanded from 7 to 21 (includes acid attack victims, blood disorders). |
| Reservations | 5% in higher education, 4% in government jobs, 5% in land allotments. |
| Accessibility Mandate | Standards for buildings, transport, and ICT set under 2017 Rules. |
In a Nutshell
Mnemonic: D-I-G-N-I-T-Y
Denial of facilities = Indirect discrimination → SC mandates Guaranteed care, Needs-based services, Inclusive reforms, Therapy access, and Yearly audits.
Prelims Questions
- Which of the following provisions of the RPwD Act, 2016 mandates access to healthcare in custodial settings?
a) Section 6
b) Section 25
c) Section 38
d) Section 33 - The Supreme Court in 2025 ruled that denying prison facilities to disabled inmates violates which Fundamental Rights?
a) Article 32 & 19
b) Article 14 & 21
c) Article 15 & 19
d) Article 16 & 29 - What is an “Access Audit”?
a) Financial review of disability-related spending
b) Physical infrastructure audit for disability access
c) Crime statistics audit
d) None of the above
Mains Questions
- “Judicial activism has played a critical role in protecting the rights of marginalized groups.” Discuss in light of the 2025 SC judgment on disabled prisoners. 10 Marks
- Examine how structural and procedural barriers in Indian prisons deepen the marginalization of disabled prisoners. Suggest reforms. 10 Marks
Answer Key (Prelims)
| Q.No | Answer | Explanation |
|---|---|---|
| 1 | b) Section 25 | It ensures access to preventive and rehabilitative healthcare. |
| 2 | b) Article 14 & 21 | The judgment emphasized equality and dignity. |
| 3 | b) Physical infrastructure audit | To evaluate if facilities are accessible to PWDs. |
