The last straw is being further disabled
ISSUE
There has been much outrage expressed over the denial of sipper and straw to Father Stan Swamy. Swamy, the 83 year old activist suffering from Parkinson’s disease, was arrested by National Investigation Agency (NIA) in October for his alleged involvement in the 2018 Bhima Koregaon violence and charged under the Unlawful Activities (Prevention) Act, 1967 .
BACKGROUND
It is alleged that Swamy made an application to be provided with a sipper and straw, as he was unable to hold a glass due to Parkinson, but his request was deferred for days, only for the NIA to inform the court that it did not have a straw and a sipper to give the incarcerated.
WHAT DOES IT DEMONSTRATE?
- Insensitivity of legal procedure
- Outline the fundamental issue of the rights of prisoners with disabilities
- The difficulties of persons with disabilities face in society are exacerbated in prison
- The fundamental tenet on which Indian Criminal law operates, that an accused is presumed to be innocent until proven guilty is undermined, as Swamy still awaits his trial.
RIGHTS UPHELD BY THE LAWS
- Under international law, the UN Convention on the Rights of Person with Disabilities (CPRD), applies to all persons with disabilities including detainees and prisoners. India is signatory to it. It imposes a positive obligation on authorities to ensure that prisoners with disabilities are on an equal basis with others by including provision of reasonable accommodation.
- These obligations under the CPRD are complemented by the provision of Article 10 of the International Covenant on Civil and Political Rights (ICCPR).
- The Nelson Mandela Rules , approved by the UN General Assembly through a resolution in 2015, provides for the standard minimum rules for the treatment of prisoners including to ensure reasonable accommodation and adjustments for the prisoner with disabilities.
- The Constitution of India under articles 14 and 21 provides for equitable and dignified life to all while article 39-A of the constitution directs the state to ensure justice to all its citizens without being denied on the basis of economic or other disabilities.
- Also, The Rights of Persons with Disabilities (RPD) Act , 2016 was enacted with the object of giving effect to the RPD. It enjoins the state to take necessary steps to protect persons with disabilities from being subjected to torture, cruel inhuman behaviour or degrading treatment, and take necessary steps to ensure reasonable accommodation for persons with disabilities.
WAY FORWARD
- Need to recognize that accessibility and support services for the persons with severe and profound disabilities are indispensable to the protection of their right to life.
- Need a reality check on our prison system.
- An honest acknowledgment by our courts that our prisons are not equipped to provide custodial treatment to uphold the right to life and dignity of prisoners with disabilities. The Justice Amitava Roy Committee appointed by the Supreme Court in 2018 to make recommendations on prison reforms is one such step taken towards acceptance.
- Need of a re-education on the constitution at the highest echelons of our political order.
It is said that no one truly knows a nation until one has been inside its jails.
A nation should not be judged by how it treats its highest citizens, but its lowest ones. – Nelson Mandela
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