Context:
The Supreme Court has directed a high-powered committee to prepare a comprehensive plan to make Disability-Friendly Prisons across India, ensuring humane conditions and safeguarding fundamental rights of prisoners with disabilities.
- Prisoners retain fundamental rights except those restricted by incarceration; Articles 14 (equality) and 21 (right to life with dignity) apply to them.
- The Rights of Persons with Disabilities Act, 2016 mandates accessibility, non-discrimination, and reasonable accommodation for persons with disabilities.
- Indian prisons are governed by the Prisons Act, 1894 and Model Prison Manual, 2016, which emphasize reformative justice but lack adequate disability-specific provisions.
- Accessibility includes assistive devices, barrier-free infrastructure, mobility aids, and healthcare support tailored to specific disabilities.
- The concept of “reasonable accommodation” requires necessary modifications to ensure equal participation without imposing disproportionate burden.
- The National Legal Services Authority (NALSA) plays a role in safeguarding prisoners’ legal rights, including vulnerable groups.
- Issues like overcrowding, poor healthcare, and lack of trained staff exacerbate challenges for disabled inmates.
- Judicial interventions have increasingly emphasized a rights-based approach in prison reforms, shifting from punitive to rehabilitative frameworks.
- The committee includes representatives from key ministries and state authorities, reflecting cooperative federalism in prison administration (state subject under List II).
- The move aligns with international standards like the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), which stress dignity and non-discrimination.
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