Overview
A Kerala activist filed a petition highlighting the harsh prison experiences of late scholars Prof. G. Saibaba and Stan Swamy. The petition prompted the Supreme Court to set up a high‑powered committee, headed by Justice S. Ravindra Bhat, to review prison laws and recommend disability‑friendly measures.
Key Developments
- The committee is urged to create a self‑identification mechanism for prisoners with disabilities, allowing them to declare their condition and undergo a medical verification.
- Prison records must flag each disabled inmate individually, ensuring reasonable adjustments while keeping confidentiality.
- The Rights of Persons with Disabilities (RPwD) Act obliges states (Section 7) to protect persons with disabilities from violence, abuse or exploitation.
- Data collection gaps were highlighted: the NCRB does not record seven of the eight disability categories covered by the RPwD Act.
- Open Correctional Institutions are deemed better suited than closed prisons for implementing reasonable adjustments.
- For mental‑health care, Rule 11 of the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 requires one psychiatrist, four counsellors and a 20‑bed psychiatric ward per 500 prisoners.
Important Facts
• The Model Prisons and Correctional Services Act, 2023 (Section 55 B) recommends individual identification of disabled prisoners.
• The NCRB currently records only mental‑illness