Context

• India’s prisons have long been a site of systemic violence, neglect, and human rights violations.
• A particularly vulnerable group within the prison population, prisoners with disabilities, faces even harsher conditions due to systemic apathy and structural inaccessibility.
• Therefore, it becomes imperative to explore the historical and ongoing challenges in Indian prisons, focusing on the rights of prisoners with disabilities.

A History of Neglect and Unfulfilled Promises

• Shocking Incidents and Early Calls for Reform
  • The infamous Bhagalpur blindings of 1979-80 exposed the depths of brutality in India’s prison system.
  • In these incidents, acid was poured into the eyes of prisoners, rendering them blind and causing public outrage.
  • This event brought into sharp focus the inhumanity prevalent in correctional facilities, sparking debates over prison reform.
• Formation of the Mulla Committee
  • The Mulla Committee was subsequently constituted in the early 1980s to address these issues
  • The committee’s report presented a wide-ranging set of recommendations, including improvements to prison infrastructure, better training for prison staff, regular inspections, and safeguards against torture and abuse.
  • It also emphasised reducing overcrowding by addressing delays in the judicial system.
  • However, despite the thoroughness of the Mulla Committee’s analysis, its recommendations were largely ignored.
• Continued Crises and Judicial Interventions
  • By the 1990s, little progress had been made, and the crisis in prisons continued to intensify.
  • In 1996, a letter from an inmate of Bengaluru’s Central Jail to the Chief Justice of India highlighted the appalling conditions faced by prisoners, leading to the landmark Rama Murthy vs. State of Karnataka case.
  • The Supreme Court identified persistent issues such as overcrowding, trial delays, and the mistreatment of prisoners.
  • The judgment reiterated the Mulla Committee’s recommendations, urging the government to act decisively to address these systemic failures.
• Unaddressed Underlying Problems
  • Despite the judicial intervention, the underlying problems have remained largely unaddressed.
  • Data from 2022 shows that Indian prisons operate at 130% of their capacity on average, with some exceeding 200%, creating conditions that are ripe for abuse, violence, and neglect.
  • Overcrowding exacerbates tensions between inmates and limits the resources available for their care, leading to poor sanitation, inadequate medical facilities, and insufficient food supplies.
  • This unrelenting pressure on the system reflects decades of inaction despite repeated warnings.
• The Cycle of Unfulfilled Promises
  • The recurring pattern of neglect and unfulfilled promises is evident in the Indian government’s response to prison reform over the years.
  • Policies and guidelines have been drafted, and commissions have been formed, yet the implementation of these measures remains irregular at best.
  • For instance, while the Ministry of Home Affairs released the Model Prison Manual in 2016, many states have failed to adopt its provisions, citing a lack of funds and administrative challenges.
  • This cycle of inaction is compounded by societal apathy toward the plight of prisoners.

An Analysis of the Struggles of Prisoners with Disabilities

• Disproportionate Abuse and Violence
  • Prisoners with disabilities are especially vulnerable to abuse, both from fellow inmates and prison staff.
  • Physical impairments, limited mobility, or dependence on others for basic needs make them easy targets for violence, exploitation, and harassment.
  • The lack of oversight in many prisons further enables such mistreatment to go unchecked.
  • For instance, accounts of prisoners with disabilities being subjected to verbal abuse, physical assaults, or being denied essential items have surfaced in news reports and human rights investigations.
• Inaccessibility of Prison Infrastructure
  • Indian prisons, largely designed with able-bodied individuals in mind, are rife with structural barriers that make daily life extraordinarily difficult for prisoners with disabilities.
  • A 2018 audit of Delhi’s Tihar, Rohini, and Mandoli jails conducted by the Nipman Foundation revealed severe accessibility gaps.
  • Prison cells often lack ramps, railings, or modifications that accommodate mobility aids and prisoners in wheelchairs may find themselves unable to navigate their cells or access shared spaces.
  • Bathrooms and toilets frequently lack basic accessibility features such as grab bars or adequate space for wheelchairs, leaving prisoners unable to attend to their hygiene needs with dignity.
  • Recreational spaces, visitation rooms (mulaqat rooms), and water coolers are often located in areas inaccessible to individuals with mobility impairments, further isolating them from their peers and visitors.
• Denial of Medical Care and Special Assistance
  • Prisoners with disabilities often require medical care, assistive devices, or personal assistance to manage their conditions.
  • However, prisons frequently fail to provide these essential services, for instance, individuals requiring medication, physiotherapy, or specialised diets face delays or outright denial of these necessities.
  • The absence of trained personnel to assist with basic tasks such as dressing, eating, or using the restroom further exacerbates their plight.
• Psychological Impact and Social Isolation
  • The challenges faced by prisoners with disabilities extend beyond physical suffering and the combination of abuse, inaccessibility, and neglect leads to profound psychological distress.
  • Many prisoners experience depression, anxiety, and a sense of hopelessness as they navigate environments that fail to accommodate their needs.
  • Moreover, the inability to communicate effectively or participate in communal activities compounds their isolation, stripping away any semblance of normalcy or rehabilitation.

Legal Frameworks, Unrealised Rights and the Role of Society and State

• SC’s Observation in Upendra Baxi vs. State of U.P. (1983) and International Laws
  • India’s Constitution guarantees the right to equality, freedom, and dignity for all, including prisoners.
  • The Supreme Court has reaffirmed these principles in several judgments, including Upendra Baxi vs. State of U.P. (1983), which emphasised the need for humane living conditions in prisons.
  • Internationally, India is bound by the Nelson Mandela Rules (2015) and the United Nations Convention on the Rights of Persons with Disabilities.
  • Both mandate reasonable accommodations for prisoners with disabilities and prohibit inhumane treatment.
• Rights of Persons with Disabilities Act (2016)
  • Domestically, the Rights of Persons with Disabilities Act (2016) prohibits the abuse and neglect of persons with disabilities, and the Ministry of Home Affairs’ Model Prison Manual (2016) outlines standards for dignified living conditions.
  • In 2024, the Ministry released guidelines to make prisons more accessible, however, the disconnect between these policies and their implementation is stark.
• The Role of Society and the State
  • The lack of political will to reform prisons stems, in part, from societal indifference.
  • Many view prisoners as deserving of cruelty, perpetuating a culture that justifies neglect and abuse.
  • However, the state bears an unequivocal responsibility to uphold the rights of all prisoners, including those with disabilities.
  • Since prisons fall under the jurisdiction of state governments, these authorities must ensure compliance with laws and international obligations.

Conclusion

• The condition of Indian prisons reflects a broader failure to respect human rights and implement meaningful reforms.
• For prisoners with disabilities, the challenges are even more acute, compounded by structural inaccessibility, neglect, and societal apathy.
• While India’s legal frameworks and international commitments appear robust on paper, their enforcement remains elusive.