Carceral culture: On prisons and disability-related facilities

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Source: The post “Carceral culture: On prisons and disability-related facilities” has been created, based on “Carceral culture: On prisons and disability-related facilities” published in “The Hindu” on 09th December 2025.

UPSC Syllabus: GS Paper-2- Governance

Context: Prisoners with disabilities in India face significant challenges in terms of accessibility, healthcare, and dignity. Despite the legal framework provided by the Rights of Persons with Disabilities Act, 2016, prisons have largely failed to ensure the necessary accommodations for disabled prisoners. The Supreme Court of India has recently addressed this issue, directing the implementation of disability-related support in prisons. The Court’s directions arose from the experiences of prisoners like G.N. Saibaba and Stan Swamy, who were denied reasonable accommodations leading to severe consequences.

Challenges Faced by Prisoners with Disabilities

  1. Lack of Accessible Infrastructure

    • Many prisons lack wheelchair-accessible ramps, disability-friendly toilets, and other basic accommodations for prisoners with mobility challenges.
    • Inaccessible healthcare and medical support further exacerbate their conditions, particularly for those with chronic physical and mental illnesses.
  2. Inadequate Training for Prison Staff

    • Prison staff are often not trained to recognize or address the needs of prisoners with disabilities. This leads to neglect or mistreatment of disabled inmates.
    • Staff may not be aware of how to assist prisoners in daily activities, such as accessing sanitary facilities or moving within the prison.
  3. Carceral Austerity

    • Prisons often prioritize security and punitive measures over the rights and well-being of prisoners, including those with disabilities.
    • Underfunding of necessary services for disabled prisoners results in the neglect of basic accommodations and medical care.
  4. Caste, Disability, and Discrimination

    • Caste-based segregation continues to exist in Indian prisons, with Dalit and Adivasi prisoners often assigned degrading sanitation tasks. Disabled prisoners from these communities face compounded discrimination.
    • The intersectionality of caste and disability is often ignored, resulting in a double burden on marginalized prisoners.
  5. Absence of Data and Monitoring

    • The absence of disaggregated data on prisoners with disabilities and their condition hinders effective policy formulation and monitoring of conditions inside prisons.
    • The National Crime Records Bureau (NCRB) does not consistently track disability data, making it difficult to assess the scale of the issue and create targeted solutions.

Role of the Judiciary

  1. Judicial Interventions

    • The Supreme Court has played a pivotal role in highlighting the issues faced by prisoners with disabilities. In response to petitions related to the conditions of prisoners like N. Saibaba and Stan Swamy, the Court directed the government to implement disability-related support.
    • The Court has also censured prison authorities for failing to comply with the Rights of Persons with Disabilities Act, 2016 and called for specific provisions for disabled prisoners in prison manuals.
  2. Monitoring and Oversight: The Court has taken suo motu cognizance of issues like caste-based discrimination and disability discrimination in prisons and has set directions to monitor such violations, which must be implemented by state authorities.

Role of Government Policies

  1. Rights of Persons with Disabilities Act, 2016

    • The Rights of Persons with Disabilities Act mandates that governments ensure that disabled individuals receive necessary accommodations in all public services, including prisons.
    • This law has made it a legal obligation for governments to provide support services to disabled prisoners, including accessible infrastructure and medical care.
  2. National Guidelines and Model Prison Manual

    • The Union government has issued national guidelines that acknowledge the special needs of disabled prisoners, calling for accessible infrastructure and support systems.
    • However, many state prison manuals still fail to reflect these needs and often lack provisions for accommodating prisoners with disabilities.

Prison Reforms for Disability Accommodation

  1. Amendment of Prison Manuals

    • Prison manuals must be amended to include clear duties on disability-related accommodations. This includes providing accessible infrastructure, medical support, and assistance for mobility-challenged prisoners.
    • State and national authorities need to ensure that prison systems comply with the mandates of the Rights of Persons with Disabilities Act.
  2. Comprehensive Screening and Support

    • Prisons must establish screening mechanisms for identifying disabilities upon a prisoner’s admission.
    • Necessary support such as medical care, assistive devices, and personal assistance should be provided to prisoners with disabilities to ensure their dignity and equality.
  3. Increased Funding and Budget Reallocation

    • Prison budgets should be redesigned to prioritize accessibility and non-discrimination, ensuring that the basic needs of disabled prisoners are met.
    • States must allocate adequate resources for the development of disability-friendly facilities, including infrastructure and medical support.
  4. Independent Oversight and Data Collection

    • Independent inspections by external bodies should be conducted regularly to ensure the implementation of disability-related accommodations.
    • The government should disaggregate data on prisoners by disability, caste, and gender to ensure transparency and monitor violations effectively.
  5. Public Awareness and Accountability

    • Raising public awareness about the rights of disabled prisoners is crucial for promoting accountability and transparency in prison management.
    • Regular reports on prison conditions should be made publicly available to encourage public oversight and pressure the government to comply with judicial orders.

Conclusion: The challenges faced by prisoners with disabilities in India’s prison system highlight the urgent need for structural reforms. The Supreme Court’s directives provide a clear path forward, but they must be backed by effective implementation of policies, adequate funding, and strong oversight mechanisms. By ensuring the rights of disabled prisoners, India can create a prison system that upholds equality, dignity, and justice for all individuals, regardless of their physical or mental condition.
Questions: Critically examine the challenges faced by prisoners with disabilities in India’s prison system and suggest measures for improving their conditions.

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