Emphasizing that incarceration must not dilute fundamental constitutional protections, the Supreme Court on Tuesday directed the formulation of a comprehensive action plan to safeguard the rights and dignity of prisoners with disabilities across India.
A bench comprising Justices Vikram Nath and Sandeep Mehta observed that the treatment of disabled inmates must transition toward a “humane and rights-based approach,” ensuring they are provided with necessary assistive devices and mobility aids tailored to their functional requirements.
The apex court underscored that the fundamental rights enshrined under Articles 14 (Equality before law) and 21 (Protection of life and personal liberty) of the Constitution remain intact even behind bars.
The bench noted:
“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 Court determined that the issues raised regarding the conditions of detention and institutional safeguards would be most effectively addressed by the existing High-Powered Committee for the reform and governance of open correctional institutions.
This committee, constituted in February 2026 and chaired by former Supreme Court judge Justice S Ravindra Bhat, is already tasked with harmonizing prison rules across States and Union Territories (UTs).
To bolster the committee’s expertise for this specific mandate, the Court directed the participation of:
- The Secretary of the Department of Empowerment of Persons with Disabilities (or a nominee not below the rank of Additional Secretary).
- Secretaries or nominees from the Department of Social Justice and Empowerment/Social Welfare from all States and UTs.
The bench issued a slew of directions aimed at practical implementation:
- Action Plan: The committee must formulate a “comprehensive and implementable action plan” for providing assistive devices, mobility aids, and support equipment tailored to specific disabilities.
- Expert Consultation: The committee is at liberty to seek assistance from specialized bodies, domain experts, and civil society organizations working for persons with disabilities.
- Compliance Affidavits: All States and UTs are required to file compliance affidavits before the committee within six weeks.
- Stakeholder Participation: Petitioners and intervenors are permitted to join the committee proceedings and submit representations.
The order also touched upon the role of semi-open or open prisons, which allow convicts to work outside during the day. The Court highlighted that such systems are designed to reduce psychological pressure and assist in the eventual social reintegration of convicts, making accessibility within these systems equally vital.
The committee has been directed to submit a consolidated status report within four months, detailing the progress made, challenges encountered, and further proposed measures. The bench directed all state authorities to extend full logistical support and data to the committee to ensure “informed discharge of its functions.”
The matter is scheduled for further hearing on September 1.
