Supreme Court directs states, UTs to establish grievance redressal mechanism for prisoners with disabilities

New Delhi: 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.