SC calls for humane, rights-based approach for disabled prisoners

The Supreme Court of India stressed safeguarding rights of prisoners with disabilities under Articles 14 and 21, directing a high-powered panel to frame an action plan ensuring assistive support, humane conditions, and compliance across states and Union Territories

New Delhi: The Supreme Court on Tuesday said the rights of prisoners with disabilities must be recognised and effectuated in a manner that accords with a humane and rights-based approach. The apex court observed that it must also be ensured that incarceration does not, in any manner, dilute the fundamental protections enshrined under Articles 14 and 21 of the Constitution. While Article 14 deals with equality before law, Article 21 pertains to the protection of life and personal liberty.

A bench of Justices Vikram Nath and Sandeep Mehta passed its order on a plea which raised the issue concerning the rights, conditions of detention and institutional safeguards available to prisoners with disabilities within prison systems across the country.

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The bench said the issues raised in the petition could be more appropriately and effectively addressed by the high-powered committee for reform and governance of open correctional institutions constituted by it in February 2026 in a separate petition. Former Supreme Court judge Justice S Ravindra Bhat is the executive chairperson of the high-powered committee.

Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening. The concept was introduced to assimilate convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.

In its order passed on Tuesday, the bench directed that the committee shall formulate a comprehensive and implementable action plan for the provision of appropriate assistive devices, mobility aids and other necessary support equipment to prisoners with disabilities, ensuring that such measures are tailored to their specific needs and functional requirements. It emphasised that the directions issued by it were firmly grounded in the constitutional guarantees of dignity, equality and substantive justice.

“The rights of prisoners with disabilities must be recognised and effectuated in a manner that accords with a humane, rights-based approach, ensuring that incarceration does not, in any manner, dilute or abridge the fundamental protections enshrined under Articles 14 and 21 of the Constitution,” the bench said.

It said the committee, having already been entrusted with the mandate of overseeing systemic concerns relating to harmonisation of rules framed by states and Union Territories (UTs) in respect of open correctional institutions, is suitably equipped to examine the issues raised in this plea in a holistic manner.

Passing a slew of directions, the bench directed the secretary of the department of empowerment of persons with disabilities, or his nominee not below the rank of additional secretary, to forthwith start active participation in the proceedings before the high-powered committee.

It said the secretaries or their nominees of the department of social justice and empowerment or the department of social welfare of all states and UTs would join the proceedings and ensure effective representation before the committee with immediate effect.

The bench directed all the states and UTs to place their compliance affidavits before the committee within six weeks. It permitted the petitioners and intervenors to participate in the proceedings before the committee and said they would be at liberty to file their representations along with relevant material.

The bench said the committee shall ensure due and effective compliance of the directions issued by the top court in this case and also in an earlier verdict, which laid down an exhaustive framework to safeguard the rights of prisoners with disabilities by all states and UTs.

It said the committee would be at liberty to seek assistance from expert institutions, specialised bodies and organisations working in the field of persons with disabilities and may engage with domain experts, civil society organisations and other stakeholders, as may be required, for the effective and informed discharge of its functions.

It said the committee shall, as far as feasible within four months, submit a consolidated status report before it indicating the progress made, challenges encountered and further measures proposed for ensuring full compliance with the directions issued by the court. The bench directed all the states and UTs to extend full cooperation to the committee and ensure that all requisite data, records and logistical support are made available to it in a timely manner. It posted the matter for hearing on September 1.