The Delhi High Court has been approached by Vikas Gupta, a 44-year-old entrepreneur living with polio, who seeks Rs. 98 crores in damages from Delhi Police and Tihar Jail authorities for alleged cruel and inhuman treatment experienced during his arrest and custody. The unprecedented plea, filed by Gupta in person, seeks not only personal redress but also urges for systemic reforms to address accessibility and dignity for persons with disabilities in all custodial situations.
The writ petition details that he was forcibly dragged from his home without a prior notice of appearance, in violation of Section 35 BNSS and Supreme Court guidelines in Arnesh Kumar v. State of Bihar,[1] despite being accused in a commercial dispute. During his stay in police lock-up and later at Tihar Jail, he was denied a wheelchair, proper bedding, and accessible toilet facilities, exacerbating his disability and causing humiliation. The plea further alleges extortion by jail staff, who demanded money for basic amenities, and inaction despite his post-custody representations to top authorities.
The petitioner, whose locomotor disability affects both lower limbs, claims damages of Rs. 49 crores each from Delhi Police and Tihar Jail, arguing that the treatment violated his constitutional rights under Articles 14, 19, and 21, as well as protections in the Rights of Persons with Disabilities (RPwD) Act, 2016, and India’s commitments under the UNCRPD.
The petition also calls for Standard Operating Procedures to ensure compliance with disability law during arrest, investigation, and incarceration, and for amending relevant procedural codes to make custodial and prison processes more disability-inclusive.
[1] (2014) 8 SCC 273