The Supreme Court has issued comprehensive directions to all states and Union Territories to establish a robust, independent, and accessible grievance redressal mechanism specifically for prisoners with disabilities, aimed at protecting them from systemic neglect, abuse, and discriminatory practices within correctional facilities.

In an order dated December 2, a bench comprising Justices Vikram Nath and Sandeep Mehta directed that the new mechanism must ensure prompt registration, close monitoring, and timely resolution of complaints made by inmates with disabilities. The court emphasised that this step is essential to safeguard the dignity, safety, and rights of such prisoners, who are often among the most vulnerable within the prison system.

The court also mandated the creation of appropriate facilities to ensure meaningful access to inclusive education for prisoners with disabilities inside jails. It made it clear that no inmate should be denied the opportunity to pursue educational programmes solely because of their disability. The bench directed prison authorities to make reasonable and suitable adjustments so that such inmates can effectively participate in educational and skill development programmes.

These directions were issued while hearing a petition seeking the formulation of a comprehensive legal framework and improved facilities for persons with disabilities who are either undertrials or convicts in prisons. The petition highlighted the lack of uniform standards and support systems across prisons for inmates with disabilities.

In addition, the Supreme Court ordered that prisoners with benchmark disabilities should be granted enhanced visitation rights. The bench stated that these special visitation provisions are necessary to ensure sustained family support, emotional well-being, and continuous monitoring of the special needs of such inmates. The specific modalities of these visits, however, have been left to the respective departmental heads of states and Union Territories, who must strike a balance between security requirements and the imperative of humane and accessible treatment.

The court referred to its earlier detailed judgment that had examined the availability of facilities for prisoners with disabilities in Tamil Nadu. In that case, the apex court had issued a range of detailed directions, including that prison premises must be equipped with wheelchair-friendly infrastructure, ramps, accessible toilets, and sensory-safe environments to ensure universal accessibility. The bench clarified that those directions would now apply uniformly to all states and Union Territories.

While noting that many of the issues raised in the present petition had already been addressed in the earlier ruling, the court reiterated that every state and Union Territory must now create an institutionalised grievance redressal system tailored for prisoners with disabilities.

The bench also took note of the petitioner’s request for the provision of assistive devices such as mobility aids and other support equipment for inmates with disabilities. However, citing the sensitive nature of prison security and the practical challenges involved, the court has asked states and Union Territories to first detail their proposed institutional mechanisms for providing, maintaining, and safely administering such equipment. These details are to be submitted as part of their compliance reports.

According to the order, the compliance affidavits must clearly spell out procedures, infrastructure plans, procurement systems, supervision protocols, and security measures that will be put in place to ensure that assistive devices are both accessible and safely managed. The court stressed that these measures must allow prisoners with disabilities to carry out their daily activities with dignity without compromising institutional safety.

The Supreme Court further directed all prison authorities to widely disseminate awareness about the obligations arising from Section 89 of the Rights of Persons with Disabilities Act, 2016. This section deals with penalties for contravention of the provisions of the Act or related rules. The court said that all officers, prison staff, legal aid personnel, and other stakeholders must be sensitised to their legal duties under this law.

Finally, the apex court ordered all states and Union Territories to file comprehensive compliance reports within four months, detailing the steps taken to implement the court’s directions. The matter has been listed for further hearing on April 7, when the court will review the progress and assess whether further directions are necessary.