IN THE SUPREME COURT OF INDIA
PUBLIC INTEREST LITIGATION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA
PETITIONER:
Aman Azad
Founder, News4Deaf
Disability Rights Activist
VERSUS
RESPONDENTS:
1. Union of India through the Secretary, Ministry of Home Affairs
2. National Crime Records Bureau through its Director
3. Union of India through the Secretary, Ministry of Social Justice and Empowerment
4. Director General of Prisons, Maharashtra (and similarly for all States and Union Territories)
PUBLIC INTEREST LITIGATION
This Public Interest Litigation seeks urgent intervention to address systemic invisibility and rights violations faced by prisoners with disabilities across India, particularly deaf, mute, blind, amputee, and all disabled prisoners. The petition seeks:
Direction to NCRB and all State prison authorities to establish publicly accessible online databases containing disability disaggregated prisoner statistics.
Direction to all States and UTs to establish rights based, accessible detention facilities ensuring reasonable accommodations as mandated under the Rights of Persons with Disabilities Act, 2016.
PRAYER
The Petitioner most humbly prays that this Honourable Court may be pleased to:
Issue a Writ of Mandamus directing NCRB and all State prison authorities to:
1. Immediately conduct comprehensive identification of all prisoners with disabilities, disaggregated by disability type hearing, speech, vision, mobility, gender, age, legal status, and facility location.
2. Establish publicly accessible online databases updated quarterly with disability disaggregated prisoner statistics, enabling families, legal aid organizations, and civil society to identify and support disabled prisoners.
3. Include information on accommodations provided, access to legal representation, rehabilitation programs, and facility contact details.
B. Issue a Writ of Mandamus directing all States and UTs to:
1. Conduct accessibility audits of all prisons within 6 months.
2. Ensure universal physical accessibility including wheelchair-accessible spaces, ramps, accessible toilets, and barrier-free routes.
3. Provide disability specific accommodations: sign language services for deaf prisoners; Braille materials for blind prisoners; accessible cells for mobility impaired prisoners.
4. Implement mandatory disability rights training for all prison staff.
5. Ensure equal access to legal representation, programs, and services with appropriate accommodations.
6. Review and amend State prison manuals within 6 months to align with RPwD Act, 2016 and UNCRPD.
7. Establish independent monitoring mechanisms with quarterly reporting.
Direct the Union of India to formulate a National Action Plan within 3 months.
Direct uniform implementation of L. Muruganantham v. State of Tamil Nadu (2025) directions across all States and UTs.
And for this act of kindness, the Petitioner shall duty bound forever pray.
I am the Petitioner and Founder of News4Deaf, dedicated to advocacy for the deaf, mute, and disabled community. I have developed the world’s first universal SOS apps for emergency police and hospital communication for deaf and mute persons.
I am currently pursuing PIL in this Honourable Court seeking mandatory American Sign Language implementation in deaf schools and establishment of national deaf identification systems.
Through my work, I have witnessed systematic exclusion and denial of basic rights faced by disabled individuals in detention facilities.
LEGAL FRAMEWORK
Article 21 of the Constitution guarantees right to life with dignity. In Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) 1 SCC 608, this Honourable Court held that right to life includes right to live with human dignity. In Sunil Batra v. Delhi Administration (1978) 4 SCC 494, this Court recognized prisoners retain all constitutional rights except those necessarily taken away by incarceration.
The Rights of Persons with Disabilities Act, 2016 was enacted to fulfill India’s UNCRPD obligations. Section 3 mandates equality, dignity, and respect for persons with disabilities. Section 2(h) defines discrimination to include denial of reasonable accommodation.
Article 14(2) of UNCRPD mandates persons with disabilities deprived of liberty are entitled to reasonable accommodation. Article 31 mandates States collect disaggregated disability data.
In L. Muruganantham v. State of Tamil Nadu (2025), this Honourable Court held “lawful incarceration does not suspend the right to human dignity” and issued comprehensive directions for safeguarding rights of prisoners with disabilities.
THE CRISIS: ABSENCE OF DISABILITY DATA
Despite obligations under RPwD Act and UNCRPD, India does not collect or publish disability disaggregated prisoner data.
NCRB’s “Prison Statistics India” reports provide breakdowns by age, gender, caste, religion, and legal status, but not disability status or type.
Review of PSI reports from 2019-2022 reveals complete absence of disability-disaggregated data. This creates violations:
Families cannot locate disabled relatives in detention.
Legal aid organizations cannot identify disabled prisoners requiring specialized representation.
Disability organizations cannot conduct outreach or monitor conditions.
Financial supporters cannot direct resources effectively.
Government accountability is impossible without transparent data.
SYSTEMIC VIOLATIONS: CONDITIONS FACED BY DISABLED PRISONERS
Professor G.N. Saibaba, with 90% physical disability, spent years in solitary confinement in Nagpur Central Jail. Despite court orders, he was denied medical treatment and assistive devices. He was acquitted in March 2024 but died in October 2024, his health irreparably damaged by inadequate prison care.
Stan Swamy, 84, with advanced Parkinson’s disease, was detained in Taloja Central Jail, Maharashtra. He was denied a sipper to drink water despite severe tremors. He died in judicial custody in July 2021 while awaiting bail.
Multiple reports document:
a. Deaf and mute prisoners cannot communicate with staff or visitors due to absence of sign language services. They face disciplinary action for “non-compliance” when they cannot understand verbal instructions.
b. Blind prisoners are denied Braille materials and cannot navigate prison facilities.
c. Mobility impaired prisoners are housed in inaccessible cells and excluded from programs.
DEAF AND MUTE PRISONERS: EXTREME VULNERABILITY
Deafness and muteness are invisible disabilities. Deaf and mute persons are routinely arrested due to misunderstanding when they cannot respond to police commands, denied sign language interpretation during interrogations, and unable to participate in court proceedings.
Once incarcerated, they face total communication isolation, misinterpretation of sign language as “aggressive gestures,” inability to understand prison rules, and denial of access to rehabilitation programs.
No data exists on the number of deaf and mute prisoners in India, their locations, or accommodations they require.
PETITIONER’S WORK AND LOCUS STANDI
Through News4Deaf, I have:
Developed free SOS apps with GPS location tracking and ISD-code geo-fencing to connect deaf and mute persons to nearest police and hospital services globally.
Advocated for police training reforms and sign language implementation.
I have locus standi as a disability rights activist with demonstrated expertise, and the issues affect vulnerable persons unable to approach this Court themselves due to detention and communication barriers.
COMPARATIVE ANALYSIS
United States: Bureau of Justice Statistics publishes disability disaggregated data showing prisoners have at least one disability.
These examples demonstrate disability disaggregated prisoner data collection is feasible.
NEED FOR ACCESSIBLE PRISONS
In L. Muruganantham v. State of Tamil Nadu (2025), this Court issued 15 directions including prompt identification of prisoners with disabilities, provision of information in accessible formats, universal accessibility, dedicated therapeutic spaces, access audits, appropriate healthcare, staff training, and monitoring mechanisms.
On May 4, 2025, Ministry of Home Affairs issued advisory to all States on implementing accessibility standards, referencing Supreme Court directions and Handbook Concerning Persons with Disabilities (June 2025).
However, advisories are insufficient. Enforceable directions and monitoring mechanisms are required.
GROUNDS FOR RELIEF
Failure to collect and publish disability disaggregated prisoner data violates Articles 14, 21, and 39A of the Constitution, Section 3 of RPwD Act, and Article 31 of UNCRPD.
Failure to provide accessible facilities and reasonable accommodations violates Articles 14 and 21, Sections 3, 6, 25, and 38 of RPwD Act, and Article 14(2) of UNCRPD.
Extrapolating from international data, India likely has 150,000-200,000 disabled prisoners, though exact numbers are unknown due to absence of data.
No other efficacious remedy is available. Only this Honourable Court’s intervention can ensure nationwide compliance.
PRAYERS
I most respectfully prayed that this Honourable Court:
Direct NCRB and State prison authorities to establish publicly accessible online disability disaggregated prisoner databases updated quarterly.
Direct all States and UTs to conduct accessibility audits, ensure universal accessibility, provide disability specific accommodations, implement staff training, and establish monitoring mechanisms.
This disability disaggregated prisoner statistics, enabling families, legal aid organizations, and civil society to identify and support disabled prisoners enabling disability organizations to monitor conditions and financial supporters through NGO to direct resources effectively.
And for this act of kindness, the Petitioner shall duty bound forever pray.
PETITIONER
Aman Azad
Founder : News4Deaf
