Author: Shreya Mahto, a 3rd Year (7th Semester), B.A. LL.B. student at Vinoba Bhave University Law College
Introduction: The invisible struggle within prison walls
Historically prisons have been viewed mainly as ‘punishment’ together with being an institution responsible for protecting human dignity. Those incarcerated within prisons who are most often overlooked are prisoners with disabilities; many of whom suffer discrimination, lack of accessibility, and/or have no access to proper medical care. Incarceration removes all liberty but does not remove the fundamental rights of human beings. The Republic of India has recently passed the RPwD Act, 2016 to provide for legal protections for prisoners with disabilities; therefore, they will have the same rights and protections as free citizens of India.
Disabled prisoners are faced with many hardships such as Inaccessible built environments, lack of appropriate assistive devices, inadequate healthcare services for their specific needs, and social isolation. Many of the current penitentiaries may not have the resources available to them to accommodate the individual needs of disabled prisoners. These accommodations are necessary to ensure compliance with Article 21 of the Constitution of India, thereby preserving the rights and dignity of disabled prisoners.
Protection of prisoner disability rights is therefore necessary to provide justice and equality as outlined in Article 14. Increased effort towards implementing policies that are disability friendly, providing medical care, providing legal protection, and ensuring inclusion within the prison system will enhance the conditions of prisoner correctional facilities by creating a safer and more humane correctional environment. The Prisons Act (Act No. 9 of 1894), which governs the management, operation, and regulation of all of prisons in India, must be adhered to by all state and federal prison officials to uphold the rights of prisoners with disabilities.
Constitutional & human right protection for prisoners with disabilities
The Constitution of India provides equality for each person before the law or equal protection of laws within the territory of India. A prisoner is also guaranteed a certain right, and every prisoner should be treated as a person. The court in India, including the Supreme Court has held that “there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitled to all the basic rights, human dignity, and human sympathy.
In the case of State of A.P Vs. Challa Ramkrishna Reddy Ors (2000) 5 SCC & 712, the Supreme court held that a prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed.
Assessment the new Prison Disability Guidelines: Progress or Mere formality?
The updated regulations concerning disabilities among inmates aim to protect the rights and dignity of prisoners with physical, mental, and intellectual disabilities in Indian correctional facilities. These instructions highlight the necessity for accessible facilities, sufficient healthcare, fair treatment, and rehabilitation options for prisoners with disabilities. They stress the responsibility of prison officials to provide humane and inclusive conditions, recognizing that disability rights are essential to human rights and constitutional safeguards.
Background: The appellant is an advocate for Becker muscular Dystrophy, a degenerative muscle condition that greatly restricts him to a wheelchair and limits his daily living option. He was evaluated to possess a 70% disability in 20213, which rose to 80% by 2020. The Appellant additionally asserts having autism and mental health conditions.
The Appellant alleges that due to a civil dispute, a false criminal report was lodged against him by an individual, who is alleged to have acted with the directive of the Appellant’s uncle, his father’s sibling. The Report alleges multiple charges against him under the Penal Code, 1860, including Sections 294(b), 323, and 506(ii). The Appellant was arrested on 29-02-202, by Respondent 2, who he alleges was the perpetrator of the alleged harassment and torture. The Appellant was produced before the Judicial Magistrate, Unumlauted, and remanded to judicial custody.
The Appellant alleges that while incarcerated at the Central Prison, Coimbatore, Respondent 3 did not provide him with sufficient food, medical care, and support as is addressed in the Rights of Persons with Disabilities Act 2016 (‘RPwD Act’). The Appellant further alleges that the prison does not have adequate accessibility and that the officials working at the prison are both indifferent and ill-informed as to the rights of persons with disabilities. The Appellant was granted bail on 10-03-2020.
The newly introduced prisoner disability guidelines represent an important step toward strengthening the human rights framework in Indian prisons. These guidelines affirm that prisoners with disabilities deserve dignity, equality, healthcare, accessibility, and humane treatment, regardless of their incarceration. They show a growing understanding that imprisonment does not eliminate fundamental rights, except those reasonably restricted by law.
From a positive viewpoint, the guidelines suggest a shift from a strictly custodial model of prison management to a more rights-focused and reformative approach. Recognizing accessibility needs, mental health issues, assistive support, and fair treatment shows the State’s commitment to inclusive justice. These measures align with the principles stated in the Constitution of India, especially Articles 14, 19, and 21, which guarantee equality, freedom, and protection of life and personal liberty.
The guidelines also connect with the goals of the Rights of Persons with Disabilities Act, 2016, which requires equal opportunities and reasonable accommodations for individuals with disabilities. Extending these protections into prisons is an important development, as correctional institutions have often been overlooked in discussions about disability. By ensuring access to medical care, legal aid, sanitation, communication, and rehabilitation programs, the guidelines aim to address this long-standing gap.
Systemic failures in Indian Prisoners Accessibility, Healthcare and Dignity
stands as a clear example of systemic failures, marked by chronic overcrowding, human rights violations, and ongoing neglect of basic prisoner welfare. Despite several judicial interventions and policy suggestions since the 1980s, prison conditions are still dreadful, with facilities running well over their intended capacity. The systemic breakdown is Especially noticeable in the treatment of vulnerable groups, including prisoners with disabilities who experience severe marginalization and a lack of basic human dignity.
In the 21st century, the government has made important progress in prison reform. The 2016 Model Prison Manual was introduced to standardize prison management. It focuses on prisoner classification, medical care, and vocational training. In 2018, the Prisons Development Fund was launched to update prison infrastructure and support state-level improvements. The Model Prisons Act 2023 includes rules for managing high-security and open jails. It ensures prisoner welfare through legal aid, parole, and good conduct of incentives. It also incorporates technology for clear prison administration and security.
6.19.7 Persons with known bad record should be disallowed to meet undertrial and convicted prisoners.
6.19.8 Entries regarding grant or refusal of interview should be made in the history ticket of the prisoner.
6.19.9 A senior officer in charge of interviews should be responsible for grant of interviews as per rules.
CANTEENS: 6.20 Canteens have been organized in some prisons with the object of making available such small amenities and food articles to prisoners as are not given to them at Government cost and are at the same time not prohibited by law. They play an important role in breaking the monotony of prison life. Our recommendations in this regard are as follows:
6.20.1 Canteens should be organized in all the central and district prisons. A variety of articles including eatables as approved by the Inspector General of Prisons should be kept there for sale.
6.20.2 Canteen facilities should be extended to all prisoners.
6.20.3 In large prisons, Canteen facilities should be decentralized.
6.20.4 Canteens should be run based on marginal profit not exceeding 6%. Profits accruing from canteens should be credited to the Prisoners’ Welfare Fund.
6.20.5 Each prisoner should have a canteen card in which the canteen credits and debits should be recorded.
6.20.6 Prisoners should be allowed to spend no more than half of the wages earned in prisons on purchases from canteens. In addition, prisoners should be allowed to spend up to Rs. 30 per month from their private cash for purchasing articles from the canteen.
One of the most vulnerable and overlooked populations is those incarcerated with mental illness. The incarceration process confines an individual’s freedom but does not eliminate their inherent human rights to an emotional and psychological well-being. Many individuals that find themselves in prison have prior to arrival, been diagnosed with mental illness as mentioned in Rule 1842 of Delhi Prison Rules, 2018, depression, drug and alcohol addiction, anxiety, PTSD or to have a mental disorder. When individuals arrive in prison, the overcrowded conditions, lack of family contact, violence within the prison, poor hygiene, and lack of emotional support will exacerbate their mental health. People with mental illness in prison are most often seen as undisciplined and/or disruptive and are not viewed as having a legitimate mental and/or psychological problem.
Toward inclusive Prison reform: Recommendation for a disability Friendly Justice System,
The RPwD Act is a statute made under Article 253 of the Constitution, giving effect to the declaration of the full participation and equality of persons with disabilities in the Asia and Pacific Regions, and provides for the persons with disabilities to receive education, employment, and creation of a barrier-free environment, social security and other similar areas that have not been addressed. There are three levels of arrangements provided for in the Act:
(i) The development of a Policy framework for the benefit of persons with disabilities;
(ii) The implementation of provisions of the Act, other Acts, policies, etc., as well as the implementation of the Act in specific contexts as to enable persons with disabilities to realize their rights; and
(iii) The maintenance of a facility for monitoring the implementation of the Act, as well as for addressing any grievances or complaints.
In order to implement the RPwD, it is essential that a multi-sectoral approach is taken by the respective governments at the central and local levels of Australia, which include all the Central Ministries and Departments, States and Territories, and local state or territory authorities.
In M. Kalaiselvi v. State of Tamil Nadu (2026), the Madras High Court ruled that prisoners with disabilities are entitled to periodic medical checks and reasonable accommodation under Article 21 of the Constitution. The case involved a life-term prisoner who had had his leg amputated due to diabetes. The Court granted the convict 28 days of ordinary leave without police escort and required implementation of systemic reform in the health care system within prisons.
If we see 2016 Model Prison Manual by the Ministry of Home Affairs is to standardize how prisons are administered throughout the country, and to change the philosophy behind imprisonment from simply punishing offenders to providing them with ways to reform and re-enter society. The model manual has 32 chapters on many topics, including management practices for custodial care (custody), health care, education, provision of legal counsel, welfare services, rehabilitation, and the rights of prisoners themselves.
The document related to Ministry of Home Affairs which “Support to Poor Prisoners Scheme for economically weaker prisoners which provide financial assistance .The government’s scheme provides financial assistance through the Ministry of Home Affairs to help poor inmates who do not have money for a bond or pay a fine and are therefore unable to obtain their release.
On June 19, 2023, the Ministry issued a detailed set of Guidelines and Standard Operating Procedures (SOPs) to all States and Union Territories (UTs) regarding the implementation of the scheme.
The Ministry directed each State and UT to:
* Create an “Empowered Committee” at the district level; and
* Create an “Oversight Committee” at the State level to identify eligible inmates and provide them with financial assistance.
Funds for the scheme come from the Central Government through a Central Nodal Agency (CNA).
The MHA was concerned because many States and UTs were not using their funds for the scheme because eligible inmates were not being identified properly, thus resulting in a lack of implementation of the scheme.
Not only does the scheme provide assistance to poor inmates, but it also reduces crowding in jails by allowing prisoners to be released if they are being held only for financial reasons.
The MHA has repeatedly urged States and UTs to conduct regular reviews, provide public awareness programs, and cooperate with one another so that the scheme can be implemented as effectively as possible.
Revised guidelines were subsequently issued by the MHA in order to strengthen accountability, impose stricter timelines, and improve the implementation of the scheme at the national level.
The First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which took place in Geneva in 1955, marked a watershed moment in the preservation of prisoners’ rights at the international level. At the Congress, the UN came to adopt the “Standard Minimum Rules for the Treatment of Prisoners”, which would be later named the “Nelson Mandela Rules,” to honor Nelson Mandela for his contributions to human rights and prison reform. The Nelson Mandela Rules provide internationally recognized standards of humane treatment of prisoners and establish prisons as places of confinement that do not strip away from the dignity and worth of individuals. In addition to the humane treatment of prisoners, the Nelson Mandela Rules ensure that prisoners have safe custody, receive appropriate healthcare, have access to adequate sanitation, food, medical treatment, rehabilitation services, and protection against torture or cruel treatment in prisons. Recognition is also given within the Nelson Mandela Rules that prisoners suffering from mental illness, psychiatric disorders, disabilities or infectious diseases warrants special medical and psychological care.
According to the Rules, authorities who run prisons must supply their inmates with qualified medical staff, mental health professionals and counseling services if the inmate is emotionally distressed, depressed, frustrated, or mentally unstable. Another key principle established in the Rules is that prison sentences are not solely for punishment but are also intended to reform offenders, prepare them for return to society (rehabilitation) and help them integrate back into society when they are released (social reintegration). The Rules encourage educational and vocational opportunities (training) through formal and informal means, as well as establishing moral values (development), and providing humane living conditions (jointly reducing crime) by preventing individuals from engaging in further criminal activity upon release from prison. The Rules also prohibit discrimination against any person based on their race or religion, disability or social status, and establish that all individuals should be treated equally and with respect to human dignity. In the prison system in India, the principles outlined in the Nelson Mandela Rules.
Conclusion
Overall, the treatment of inmates with disabilities in India must be handled humanely, with equality, and based on rights within the criminal justice system. Although the Constitution, the Rights of Persons with Disabilities Act (2016), the Model Prison Manual (2016), and multiple court rulings provide an adequate legal basis for changing how inmates with disabilities are treated, implementing those changes presents an ongoing challenge. Many prisoners with disabilities still have access to issues when it comes to medical care, mental health services, legal assistance, and rehabilitation within prisons.
Prisoners are to be treated with dignity, humanity, and equality no matter what crime they have committed according to the Nelson Mandela Rules. The International standards promote rehabilitation, healthcare, mental health and protection of prisoners’ Rights.
The recent changes made by government policy and reform efforts indicate a move toward more humane and rehabilitative policies where the focus is prison welfare and correctional administration versus punishment. There has been a consistent effort on the part of courts, human rights organizations, and the Ministry of Home Affairs to focus on rehabilitation for vulnerable inmates through access and humane treatment. These trends indicate that a more loving system exists for incarcerated persons over time in India.
Through changes in the law, it will be possible for Indian prisons to provide more inclusive and rehabilitative environments promoting the constitutional principles of equality, dignity, and justice to all inmates with disabilities.
