Reforming the Jails: Confronting Carceral Culture and Disability Rights in India
Confronting Carceral Culture and Disability Rights in India
Context : The Supreme Court of India recently issued directions mandating the provision of disability-related support and accommodations in prisons across the country. This landmark judicial intervention highlights the systemic failure to implement the Rights of Persons with Disabilities (RPwD) Act, 2016, in detention facilities and calls for dismantling the ingrained Carceral Culture and Disability in India that normalizes the denial of dignity.
I. The Constitutional Imperative and Judicial Intervention
The Supreme Court’s directions were prompted by petitions concerning prisoners with serious physical conditions, drawing attention to cases like those of G.N. Saibaba and Stan Swamy, where vital accommodations were delayed or denied. The ruling establishes that:
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Constitutional Guarantee: The right to life with dignity, protected by Article 21 of the Constitution, extends fully to prisoners.
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Statutory Obligation: The RPwD Act, 2016 obligates all governments (Union and State) to ensure support for PwD in all services under their control, including places of detention.
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Monitoring Discrimination: The Court has taken a proactive stance, announcing it would monitor discrimination within prisons based not only on disability but also on caste and gender, acknowledging the intersectional nature of marginalization in detention.
II. The Challenge of Carceral Culture in India
The core problem is the entrenched Carceral Culture and Disability in India—a pervasive mindset and institutional structure rooted in colonial and postcolonial prison rules.
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Normalization of Discomfort: This culture often treats the discomfort, hardship, or difficulty faced by marginalized bodies (disabled, elderly, or those from specific social groups) not as a State’s failure to provide rights, but as an acceptable part of the punishment or sentence.
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Colonial Legacy and Caste Bias: Existing prison manuals, still echoing colonial-era assumptions, often lack specific provisions for disability. Furthermore, these rules historically encoded social hierarchies, leading to the disproportionate assignment of sanitation tasks to over-represented Dalit and Adivasi prisoners, reflecting the deep linkage between caste, marginalization, and the prison system.
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Carceral Austerity: The State often prioritizes expanding the punitive and security apparatus of prisons (Carceral Austerity) while neglecting the necessary financial allocation for rights-related functions such as accessibility, medical care, and specialized accommodation.
III. Way Forward: Key Policy Reforms
For the Supreme Court’s directives to be effective, both the Centre and States must undertake structural reforms:
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Manual Amendment: State prison manuals must be urgently amended to include clear, mandatory duties regarding disability screening at admission, accommodation, and support provision. The Union Government’s Model Prison Manual should be updated to set a stringent, rights-compliant national standard.
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Budgetary Redesign: Prison budgets must be reformed to treat accessibility and non-discrimination not as optional expenses but as core constitutional obligations, requiring dedicated funding.
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Public Accountability: The mechanism of independent prison inspections must be strengthened. Furthermore, the National Crime Records Bureau (NCRB) and prison authorities must routinely publish disaggregated data (by caste, gender, and disability) to ensure transparency and public oversight of the implementation process. Without these administrative and financial reforms, the judicial directives risk becoming mere “paper tigers.”
GS Paper : GS Paper 2: Social Justice & Governance
Subject : Rights of Vulnerable Sections and Institutional Reform
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
