Forgotten Behind Bars - Addressing the Plight of Disabled Prisoners in India

Introduction

Marginalization of Incarcerated Persons with Disabilities: Analysis of its Consequences and Implications

The condition of prisoners in India remains abysmal despite the introduction of various rules, reforms, and international treaties. Even more neglected is the condition of incarcerated persons with disabilities. The landmark cases of Khatri And Others v. State of Bihar & Ors and Veena Sethi v. State of Bihar and Ors., alongside the treatment meted out to tribal rights activist Stan Swamy and Professor G.N. Saibaba in recent years, shed light on the deeply entrenched marginalization of prisoners, especially disabled prisoners, inherent within the criminal justice system.

The treatment meted out by prison authorities to all prisoners in general, and disabled prisoners in particular, is directly in contravention with the landmark judgement of Sunil Batra v. Delhi Administration wherein, by categorically rejecting the hands-off doctrine, the Supreme Court ruled that fundamental rights enshrined in the Constitution extended to prisoners as well.

Similarly, the Supreme Court in DK Basu vs State of West Bengal reiterated that convicts, undertrials, detenus and other prisoners cannot be deprived of their fundamental rights under Article 21. Only legally permissible restrictions can be imposed on the enjoyment of their Fundamental Rights.

There is a catena of judgements over the years which expound on and reaffirm the entitlement of prisoners, and by extension disabled prisoners, to fundamental and basic human rights.

Therefore, neglect and mistreatment of disabled prisoners runs afoul of not only judicial pronouncements but also the letter and spirit of the Constitution, as it significantly undermines their right to life and personal liberty under Article 21 which includes within its broad ambit dignity, healthcare and humane treatment.

Additionally, the nexus between reformation of prisoners as envisaged by the Model Prison Manual, 2016 and the broader goal of their reintegration into the society would be adversely affected as neglecting the condition of incarcerated persons with disabilities by way of refusing to recognise their unique needs can lead to their dehumanisation and aggravate their mental or physical disability, making it even more difficult for their reintegration into society wherein they are already subjected to discrimination in terms of education, employment, and social acceptance. While data regarding the risks faced by incarcerated persons with disabilities in India is insufficient, reports and surveys conducted in the U.S. seem to support the position that prisons worsen the prospect of reintegration of disabled prisoners by making them disproportionately vulnerable to the violent nature of such institutions vis-a-vis non-disabled prisoners.

Disabled Prisoners and the Law: Examining the Existing Framework

At the national level, the Rights of Persons with Disabilities Act, 2016 (hereinafter “RPD”) outlines myriad rights for disabled persons under various sections. It has been modeled after the UN Convention on the Rights of Persons with Disabilities (hereinafter “CRPD”). RPD states that its objective is to ensure a dignified life for disabled persons along with equal opportunities and fair treatment. Section 3(1) mandates that the government has to ensure the right to equality, dignified life and respect for their integrity equally vis-a-vis others. Further, prevention of degrading treatment is guaranteed by Section 6. Sections 12 and 13 are particularly noteworthy from a legal standpoint. Section 12 underscores the right to access any court without discrimination and states that steps would be taken to facilitate the exercise of a disabled person’s legal rights. Enjoyment of legal rights on an equal basis in all facets of life along with equal recognition before the law is guaranteed by Section 13.

Additionally, the All-India Committee on Jail Reforms was constituted to examine the condition of prisons across India and suggest reforms. A key recommendation, inter alia, was for state governments and union territories to conduct a survey of prison infrastructure taking into consideration basic needs which were indispensable to maintain comfort and cleanliness in accordance with human dignity. It also underlined the need for states and union territories to undertake a survey regarding the physical conditions of jails. Importantly, it called upon the jail authorities to have a sympathetic and empathetic approach towards prisoners.

Likewise, at the international level there are significant conventions and rules safeguarding disabled persons’ rights with CRPD being a landmark convention in this regard. Its objective is to shield their human rights and enable them to enjoy these rights fully. Article 3 of CRPD outlines the general principles, including accessibility and respect for dignity. Cruel treatment or punishment is explicitly rejected in Article 15. The highest possible standard of healthcare dehors discrimination on the basis of disability is affirmed in Article 25.

Does the Existing Legal Framework Adequately Safeguard Disabled Prisoners’ Rights?

These are certainly much needed pieces of rules, regulations and legislations because they provide the legal foundation for recognizing the rights of disabled persons and taking effective steps accordingly. However, there are several issues which undermine these efforts. Firstly, ‘Prisons’ falls under the State List in the Seventh Schedule to the Constitution thereby meaning that the state governments and not the central government are responsible for prison affairs and administration. Inevitably, it leads to lack of uniformity with respect to formulation of prison rules and prison management. For instance, while the State of West Bengal stands as a flag bearer of shielding and furthering disabled prisoners’ rights in India, many Indian states are rather apathetic towards disabled prisoners’ basic human and fundamental rights. Further, the absence of political will acts as another major roadblock in striving towards preserving and promoting incarcerated disabled persons’ rights because the mere availability of resources without the intent and drive to implement it will essentially result in the abortion of disabled prisoners’ rights. Notably, there is no data apropos the number of disabled prisoners in India thus pointing out the dearth of transparency and accountability on the part of the government. As remarked by the Dalai Lama, “A lack of transparency results in distrust and a deep sense of insecurity”. Without these important facets of democracy, the plight of disabled persons in punitive institutions are unbeknown to the public at large leading to a lack of awareness which is crucial for fostering critical discourse to facilitate the advancement of rights of disabled persons in prisons.

The Approach towards Disabled Prisoners’ Rights: Information, Cooperation, and Public Mobilization

Undoubtedly, to tackle these issues comprehensive research is a crucial data gathering mechanism which will reveal the qualitative and quantitative components of data, thereby playing a crucial role in understanding the unique challenges faced by disabled prisoners. Studies and surveys should put emphasis on accessibility within prison infrastructure, prevalence rate of discrimination based on disability, and the adequacy of medical care. Thus, research will act as an indispensable tool to be used by the state for the welfare of incarcerated persons with disabilities because it will help identify gaps which can be useful for framing new policies or closing the crevices in the existing policies.

Further, to reduce the existing discrepancy between states with respect to protecting the rights of disabled prisoners, the Centre and the states need to cooperate irrespective of political affiliations, for the first and foremost duty of the state is welfare of its people. Cooperation and coordination can be in the form of conducting programs for the purpose of sensitizing prison authorities towards the needs and requirements of disabled prisoners to evoke a sense of empathy. Additionally, such programs can also impart the requisite knowledge to disabled prisoners for using aids and assistive devices to ensure that they are able to perform basic day to day functions on their own without depending on others.

Moreover, in order to champion the cause of disabled prisoners’ rights it is imperative to create a compelling narrative which can make the society at large cognizant of the inhumane treatment meted out to incarcerated persons with disabilities, and thus sway public opinion. Such narrative building can take place via means such as media reporting, literature, and documentaries. By shedding light on these injustices, the public can be mobilized into moving beyond mere awareness, ultimately taking concrete action to address these institutional injustices.

Closing Remarks

Despite landmark judicial pronouncements and legislative measures, the challenges faced by disabled prisoners persist. Systemic issues such as poor coordination between the Union and State governments, lack of comprehensive data on incarcerated persons with disabilities, and inadequate implementation of legal safeguards continue to undermine their rights. Addressing these gaps requires a multi-pronged approach which consists of rigorous research to identify the exact nature of issues faced by disabled prisoners, stronger institutional cooperation to ensure uniform policies, and increased public awareness to drive meaningful reform. Without these concerted efforts, the plight of disabled prisoners will remain an overlooked human rights concern.