Today, On 7th March, The Supreme Court issued a notice on a petition seeking proper accommodations for persons with disabilities (PwDs) in prisons. The plea highlights the lack of specialized facilities, forcing PwDs to stay in the same conditions as non-disabled inmates without necessary support. It cites the cases of G.N. Saibaba and Stan Swamy, raising concerns over the treatment of disabled prisoners. The petition calls for reforms to ensure humane and accessible conditions for PwDs in custody.
New Delhi: The Supreme Court issued a notice regarding a petition that seeks reasonable accommodations in prisons for inmates with disabilities.
The petition filed by Sathyan Nadavoor and is represented by advocate Kaleeswaram Raj. A bench comprising Justices Vikram Nath and Sanddep Mehta directed the government to respond.
The petition argues that persons with disabilities (PwDs) are compelled to share prison facilities with non-PwDs without any additional support. Advocate Raj emphasized that prisoners possess fundamental rights as well.
The petition highlights the case of Prof. G.N. Saibaba, a scholar and human rights activist with disabilities, whose death was attributed to the deterioration of his health, worsened by prolonged incarceration and the harsh conditions of his detention. It also mentions the plight of another elderly prisoner, Stan Swamy, who suffered from Parkinson’s syndrome and died while incarcerated.
Justices Nath and Mehta noted that the petition addresses a significant issue that has not been specifically adjudicated by the Supreme Court before.
Prof. Saibaba passed away at the Nizam’s Institute of Medical Sciences in Hyderabad on October 12, 2024. He was arrested in Delhi in 2014 on allegations of Maoist links and was convicted by a Maharashtra sessions court in 2017. He was released from Nagpur Central Jail in March 2024.
Father Stan Swamy died on July 5, 2021, after being transferred to a private hospital from jail on May 29, following a directive from the Bombay High Court.
G.N. Saibaba, a former Delhi University professor and activist, was sentenced to life in prison in 2017 under the Unlawful Activities (Prevention) Act (UAPA) for alleged links with Maoist groups. Saibaba is 90% disabled and uses a wheelchair, but he was kept in Nagpur Central Jail, where he faced many difficulties due to lack of medical care and poor accessibility.
Despite several requests for bail and medical help, he remained in jail under harsh conditions, which made his health worse. His case has raised serious concerns about the rights of disabled prisoners and the need for better treatment in Indian jails.
Also Read: Remembering GN Saibaba: A Journey of Resilience and Activism
Father Stan Swamy, a Jesuit priest and activist who worked for tribal rights, was arrested in October 2020 in connection with the Elgar Parishad-Bhima Koregaon case under UAPA. Swamy had Parkinson’s disease and struggled in jail without proper medical facilities. He was even denied a simple sipper to help him drink water.
His health deteriorated quickly, and despite several bail requests on medical grounds, he did not receive timely help. In July 2021, he died at the age of 84 while still in custody. His death led to widespread anger about the poor treatment of elderly and disabled prisoners in India.
Case Title: Sathyan Naravoor v. Union of India & Ors.
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