Prisons must be made disabled friendly, says Supreme Court

NEW DELHI: Observing that incarceration does not suspend the right of prisoners to live with human dignity, the Supreme Court has expressed deep concern over the plight of jailed individuals with disabilities and ordered that prisons be made disabled friendly with accessible toilets, ramps and a sensory-safe environment to ensure universal accessibility.

A bench of Justices J B Pardiwala and R Mahadevan said basic facilities needed for prisoners with disabilities are not being provided and passed a slew of directions to ensure these are made available to them. "The punishment lies only in restriction of liberty, not in the denial of humane treatment or reasonable accommodations. Failure to meet these obligations inflicts disproportionate suffering on disabled prisoners and betrays the constitutional role of the State as a custodian - not a tormentor - of those it detains," the bench said.

Justice Mahadevan, who penned the verdict for the bench, said persons with disabilities must be provided healthcare equivalent to that available in the general community and this includes access to physiotherapy, speech therapy, psychiatric care and assistive devices, such as wheelchairs, hearing aids, or crutches.

"Most prison facilities are structurally inaccessible to individuals with mobility, sensory or cognitive impairments," it said.