The Supreme Court has directed all the states and
Union territories to establish a robust, independent and accessible grievance
redressal mechanism specifically designed for prisoners with disabilities.
The apex court said the mechanism shall ensure
prompt registration, effective monitoring and timely resolution of complaints
so as to safeguard the inmates from "systemic neglect, abuse and
discriminatory practices".
A bench of justices Vikram Nath and Sandeep Mehta
said appropriate facilities be created to ensure that prisoners with
disabilities have meaningful access to inclusive education within the jail
system.
"No inmate shall be deprived of the opportunity
to pursue educational programmes solely on account of disability, and suitable
adjustments shall be made to facilitate their effective participation,"
the bench said in its December 2 order.
The bench passed the
order on a petition seeking exhaustive directions for providing appropriate
legal framework and facilities to persons with disabilities who are undergoing
incarceration in jails either as undertrials or convicts.
The top court also directed that prisoners with
benchmark disabilities shall be entitled to enhanced visitation provisions in
order to ensure sustained family support, emotional well-being and continuous
monitoring of their special needs.
"The specific modalities for such visitation
shall be framed by the concerned departmental head of each state and Union
Territory so as to balance security considerations with the imperative of
accessibility and humane treatment," the bench said.
It referred to the exhaustive directions given by
the apex court earlier in an order in which the court had taken note of the
issue as to whether appropriate facilities were being made available to
prisoners with disabilities during their incarceration in jails in Tamil Nadu.
The apex court had then passed a slew of directions,
including that prison premises shall be equipped with wheelchair-friendly
spaces, accessible toilets, ramps and sensory-safe environments to ensure
universal accessibility Observing that majority of issues agitated in the
petition were already addressed by the top court in that judgement, the bench
said the directions issued in that case shall be extended to all states and
Union territories.
"Every state and Union Territories shall
establish a robust, independent and accessible grievance redressal mechanism
specifically designed for prisoners with disabilities," it said.
The bench noted that counsel appearing for the
petitioner has sought directions for the provision of appropriate assistive
devices, mobility aids and other support equipment to prisoners with
disabilities.
"However, considering the crucial issue relating
to prison security and the practical modalities of implementation, we, for the
present, deem it appropriate to call upon all states and Union Territories to
indicate in its compliance report the structured institutional mechanism
proposed to ensure the regular availability, maintenance, and secure provision
of assistive devices, mobility aids, and other disability-support equipment for
prisoners with disabilities," the bench said.
It said the affidavit shall clearly outline the
procedures, infrastructure, procurement systems, supervision protocols, and
security measures by which such assistive aids will be made accessible to
inmates, enabling them to carry out their daily activities with dignity without
compromising institutional safety.
The bench said all prison authorities shall take
adequate steps to disseminate awareness of the obligations flowing from section
89 of the Rights of Persons with Disabilities Act, 2016, to all officers,
staff, legal-aid personnel, and other stakeholders.
Section 89 of the Act deals with punishment for
contravention of the provisions of the Act or rules.
The top court directed all the states and Union
territories to place on record a comprehensive compliance report before it
within four months indicating the measures undertaken for effectuating the
directions issued by the court. It posted the matter for hearing on April 7.