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Accessibility, Dignity in Indian Prisons
Context:
The case of Professor G.N. Saibaba is not only a sad tale of a miscarriage of justice but also a disturbing representation of the cruelty faced by prisoners with disabilities in India.
More on News:
- After enduring a decade of wrongful imprisonment, Saibaba was finally exonerated in March 2024.
- However, his victory was short-lived, as he tragically passed away just months later, in October 2024.
- Due to the complete lack of wheelchair accessibility at Nagpur Central Jail, tasks such as using the toilet, fetching water, and taking a bath were monumental challenges.
- His cell, a cramped “anda cell,” provided no space for his wheelchair, forcing him to rely on fellow inmates to lift him, which led to repeated injuries.
Status of Prisons in India:
- India’s prison system has long been plagued by violence, abuse, and neglect.
- The infamous Bhagalpur blindings in 1979-80, where prisoners were blinded with acid, shocked the nation and revealed the brutality that many incarcerated individuals face.
- In the early 1980s, the Mulla Committee recommended extensive prison reforms, yet the changes were minimal, and conditions remained largely unchanged.
- In 1996, an inmate from Bengaluru’s Central Jail wrote to the Chief Justice of India, highlighting the abysmal prison conditions.
- This led to the landmark Rama Murthy vs State of Karnataka case, in which the Supreme Court ordered the government to address issues like overcrowding, trial delays, and neglect in prisons.
- Despite these judicial orders, almost three decades later, the state of India’s prisons has seen little improvement.
Overcrowded Prisons and Escalating Challenges:
- India’s prisons currently house around 5.73 lakh prisoners, far exceeding their capacity of 4.36 lakh.
- Many prisons are overcrowded, operating at more than 100%, and sometimes even 200% of their designed capacity.
- While the conditions in these prisons are appalling for all inmates, they are particularly exacerbated for prisoners with disabilities.
- One of the most prominent cases is that of Father Stan Swamy, who, despite suffering from Parkinson’s disease, was denied essential aids like a straw and sipper, making it difficult for him to eat and drink.
- A 2018 audit of Tihar, Rohini, and Mandoli jails in Delhi conducted by the Nipman Foundation uncovered significant accessibility gaps.
- These included a lack of functional wheelchairs, inaccessible cells, toilets, and other crucial facilities, as well as the placement of water coolers on inaccessible floors.
Rights on Paper: The Gap Between Law and Implementation:
- All prisoners in India have the right to equality, freedom, and life, as enshrined in the Constitution, a principle affirmed by the Supreme Court in various rulings.
- In the case of Upendra Baxi vs. State of U.P. (1983), the Court emphasised that prisoners must be provided with humane conditions and live with dignity.
- For prisoners with disabilities, India is also bound by several international conventions that protect their rights.
- The Nelson Mandela Rules (2015) require prison administrations to make reasonable accommodations for prisoners with disabilities, and the United Nations Convention on the Rights of Persons with Disabilities prohibits any form of torture or inhuman treatment.
- The Rights of Persons with Disabilities Act, 2016 mandates the state to protect individuals with disabilities from abuse, violence, and neglect, including the denial of food and fluids.
- In addition, the Ministry of Home Affairs’ Model Prison Manual (2016) lays down the requirement for dignified living conditions in prisons.
- In 2024, the Ministry further issued the ‘Accessibility Guidelines for MHA Specific Built Infrastructures & Associated Services for Police Stations, Prisons & Disaster Mitigation Centres,’ which outlined the steps necessary to make prison facilities accessible for people with disabilities.
The Root of the Problem:
- A troubling belief exists within parts of Indian society that prisoners deserve cruel treatment, which often leads to a lack of political will for prison reforms.
- However, the message to the state is clear: compliance with the law is non-negotiable.
- Regardless of political sentiment, the government is responsible for ensuring the rights and well-being of all prisoners, including those with disabilities.
- Since ‘prisons’ fall under the jurisdiction of State governments, it is their explicit responsibility to uphold the rights of prisoners with disabilities.
- It is crucial for state authorities to reassess their approach to prisoners with disabilities and take meaningful steps to ensure they are treated with dignity, as guaranteed by both national and international laws.
