Prison authorities are obliged to provide necessary accommodations and medical care for prisoners with disabilities, ensuring compliance with constitutional rights and relevant legislation.

ORDER :

G.R.SWAMINATHAN, J.

1.Heard both sides.

2.The petitioner's father is undergoing life imprisonment in Central Prison, Palayamkottai. He has spent more than six years in prison. The petitioner's father had suffered amputation in his right leg recently. The petitioner seeks 28 days ordinary leave for his father.

3.In any prison, one finds persons with disability. Some of the disabilities are acquired while in prison. Their condition has drawn the attention of the Hon'ble Supreme Court which issued a set of directions in decision reported in 2025 SCC OnLine SC 1444 ( L.Muruganantham v. State of Tamil Nadu ). The operative portion of the judgment authored by His Lordship Mr.Justice R.Mahadevan is as follows :

“41. In light of the foregoing findings and in furtherance of Articles 14 and 21 of the Constitution of India, the RPwD Act, 2016, and India's international obligations under UNCRPD, the following directions are issued for immediate and time-bound compliance:

41.1. All prison authorities shall promptly identify prisoners with disabilities at the time of admission. Each prisoner shall be given an opportunity to declare any disability and provide information about their specific needs.

41.2. All rules, regulations, and essential information about prison life shall be provided to such prisoners in accessible and understandable formats (e.g. Braille, large print, sign language, or simplified language).

41.3. All prison premises shall be equipped with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments to ensure universal accessibility.

41.4. All prisons shall designate and maintain dedicated spaces for physiotherapy, psychotherapy and other necessary therapeutic services.

41.5. A State-level access audit of all prisons in Tamil Nadu shall be completed within six months by an expert committee comprising officials from the Social Welfare Department, the Department for the Welfare of Differently Abled Persons, and certified access auditors.

41.6. Periodic audits shall thereafter be conducted and updated regularly in accordance with the Harmonised Guidelines and Standards for Universal Accessibility in India (2021).

41.7. The prison authorities shall ensure complete compliance with Sections 40 and 45 of the RPwD Act, 2016; Rule 15 of the 2017 Rules and the Harmonised Guidelines, 2021 in all prison infrastructure and services.

41.8. The State shall provide healthcare for prisoners with disabilities equivalent to that available in the community, including access to physiotherapy, speech therapy, psychiatric services, and assistive devices (such as wheelchairs, hearing aids, and crutches).

41.9. All prison medical officers shall be adequately trained and sensitised to address disabling conditions, ensuring provision of appropriate accommodations and treatment without discrimination or bias. Furthermore, regular awareness and sensitisation programmes shall be conducted in all prisons.

41.10. Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs.

41.11. Lifesaving treatments, including regular and need- based physiotherapy and psychotherapy must be made available on-site or through linkage with government health facilities.

41.12. All prison staff shall undergo comprehensive training on the rights of persons with disabilities. This training shall include:

(a) awareness of equality and non-discrimination principles;

(b) proper handling of disability-related challenges; and (c) use of appropriate language and behaviour, as per the UN Handbook on Prisoners with Special Needs.

41.13. The State Prison Manual shall be reviewed and appropriately amended within si