Syllabus
GS Paper 2 – Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Context
While the general conditions of Indian prisons have always been abhorrent for all prisoners, those with disabilities face even greater challenges
Source
The Hindu| Editorial dated 21st November 2024
The long fight for accessibility, dignity in Indian prisons
The story of Prof. G.N. Saibaba, who suffered due to inaccessible prison conditions despite being a person with disabilities, highlights the dire state of Indian prisons. The neglect and abuse faced by prisoners, particularly those with disabilities, demand urgent reforms to ensure dignity, accessibility, and humane treatment. Despite constitutional guarantees and international obligations, the gap between policy and practice remains stark.
Historical Context of Prison Conditions in India
- Bhagalpur Blindings (1979-80): The infamous incident where acid was poured into prisoners’ eyes shocked the nation and highlighted systemic cruelty.
- Mulla Committee Report (1980s): Recommended extensive reforms for prison administration and conditions but was not implemented effectively.
- Rama Murthy vs. State of Karnataka (1996): Supreme Court directives addressing overcrowding, trial delays, and neglect largely remain unimplemented.
Present Overcrowding: Indian prisons house 5.73 lakh inmates against a capacity of 4.36 lakh, with many operating at over 100%-200% capacity (NCRB, 2022).
Plight of Prisoners with Disabilities
- Neglect and Abuse: Prisoners with disabilities are easy targets for violence and are denied assistance for basic needs like bathing or using the toilet.
- Inaccessibility: A 2018 audit of Delhi prisons (Tihar, Rohini, Mandoli) revealed issues such as lack of functional wheelchairs, inaccessible toilets, and poorly designed prison cells.
- Notable Cases:
- Father Stan Swamy, who had Parkinson’s disease, was denied essential assistive tools like a straw and sipper.
- Prof. Saibaba had to rely on inmates to lift his wheelchair in cramped spaces, leading to injuries.
- Lack of Data: No official records exist on the number or condition of prisoners with disabilities, further exacerbating their neglect.
Legal Framework and Rights on Paper
- Constitutional Provisions:
- Article 14: Right to equality.
- Article 21: Right to life with dignity.
- Supreme Court Judgments:
- Upendra Baxi vs. State of U.P. (1983): Affirmed the right to humane conditions for prisoners.
- International Obligations:
- Nelson Mandela Rules (2015): Mandate reasonable accommodations for prisoners with disabilities.
- UN Convention on Rights of Persons with Disabilities: Prohibits inhuman treatment.
- Domestic Legislation:
- Rights of Persons with Disabilities Act, 2016: Mandates protection from abuse and provision of essential services like food and fluids.
- Model Prison Manual (2016): Recommends dignified living conditions.
Gaps in Implementation
- Paper vs. Practice: Despite robust legal frameworks, enforcement is weak, and many rights remain theoretical.
- Accessibility Guidelines (2024): Newly issued guidelines by the Ministry of Home Affairs have yet to be implemented effectively.
- Social Attitudes: Widespread belief that prisoners deserve harsh treatment undermines political will for reforms.
Recommendations for Reform
- Ensure Accessibility: Implement accessibility guidelines in all prisons, ensuring functional wheelchairs, accessible toilets, and barrier-free spaces.
- Data Collection: Maintain comprehensive records on prisoners with disabilities to identify and address their specific needs.
- Training for Staff: Conduct sensitivity training for prison staff to prevent abuse and promote humane treatment.
- Independent Oversight: Establish mechanisms for regular audits and inspections by independent bodies.
- State Accountability: States must comply with legal obligations to provide humane and accessible conditions for prisoners.
Conclusion
The case of Prof. Saibaba underscores the need for urgent reforms in India’s prison system to protect the dignity and rights of prisoners, particularly those with disabilities. States must prioritize implementing accessible infrastructure and humane treatment to comply with constitutional and international obligations. This would not only uphold justice but also affirm India’s commitment to human rights.
Related PYQ
Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss. [ UPSC Civil Services Exam – Mains 2016]
Practice Question
Discuss the challenges faced by prisoners with disabilities in India and suggest measures to ensure their rights and dignity within the prison system. [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly introduce the state of Indian prisons, highlighting overcrowding, neglect, and the unique challenges faced by prisoners with disabilities.
- Mention the constitutional provisions and international obligations aimed at protecting prisoner rights.
- Body:
- Discuss constitutional protections (Articles 14, 21, and 300A).
- Highlight international conventions like the Nelson Mandela Rules and domestic laws like the Rights of Persons with Disabilities Act, 2016.
- Identify implementation gaps and societal attitudes undermining reforms.
- Conclusion:
- Summarize the importance of addressing these challenges to uphold human rights and ensure justice.
- Emphasize the role of states in fulfilling their responsibility towards prisoners, aligning with legal and moral obligations