Beyond The Bars: Upholding The Rights Of Disabled Inmates Under Indian Law
- IJLLR Journal
- 2 minutes ago
- 1 min read
Kishlay Rajak, National University of Study and Research in Law, Ranchi
Nitya Priyadarshani, National University of Study and Research in Law, Ranchi
ABSTRACT
This article critically examines the intersections of disability rights and prison conditions in India, focusing on the legal protection available to incarcerated individuals under the rights of persons with disabilities in 2016 and the Constitution of India. Based on real-life incidents, such as those involving Machang Lalung and Charanjit Singh, as well as court orders, including L. Muruganantham v. Tamil Nadu, this article highlights systemic failures that deny prisoners with disabilities their basic human dignity, proper healthcare, and access to justice. A thorough examination of the significant stipulations of the Statute, including Sections 3, 7, 12, and 25 of the RPWD Act, as well as constitutional rights under Articles 14, 21, and 39A, has highlighted the legal and ethical necessity of the State providing inclusive, accessible, and equitable prison conditions. It isolates other urgent issues like the lack of psychiatric care, inaccessibility of infrastructure, delay in the procedures, and abuse, which increases the suffering of this vulnerable group. The article concludes by presenting practical principles for reform, aimed at aligning prison rules with disability law rights, enhancing staff education, and increasing institutional responsibility through audit and the collection of disaggregated data. Finally, it concludes that securing the rights of inmates with disabilities is not a charity mission but a legal obligation that is imperative to the rule of law.
Keywords: Disability rights, Prison conditions in India, Rights of Persons with Disabilities Act, 2016 (RPWD Act), Constitutional rights (Articles 14, 21, 39A), Incarcerated persons with disabilities, Access to justice, Human dignity
