SATHYAN NARAVOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The instant petition under Article 32 of the Constitution of India, in the nature of public interest litigation, has been filed by the petitioner seeking exhaustive directions for providing appropriate legal framework and facilities to persons with disabilities[For Short 'PwD'.] who are undergoing incarceration in the prisons either as undertrials or convicts.

(3.) The petitioner has raised specific grievances that the prison system all over the country is not extending to the PwD inmates the requisite facilities mandated for addressing their specific needs. Instead, these prisoners are being housed under the same conditions as non-PwD inmates, thereby subjecting them to identical treatment in total disregard to their specialized requirements. The petitioner claims that the prevailing prison manuals of most of the States across the country are deficient in incorporating mandatory provisions relating to ramps, accessible infrastructure, and other essential accommodations for PwD, which is in direct contravention of the statutory mandate of Rights of Persons with Disabilities Act, 2016[For short 'RPwD Act'.]. This omission causes issues of basic mobility healthcare and numerous other issues to such prisoners within prison premises, thereby violating the mandate of RPwD Act.