Setting aside discriminatory provisions of prison manuals of some states, the Supreme Court issued a slew of directions on Thursday to stop caste-based discrimination in jails and deprecated the distribution of work and segragation of prisoners in separate wards as per their castes.
The Supreme Court was hearing a petition filed by journalist Sukanya Shantha highlighting discriminatory practices taking place in the prisons of some states and union territories. According to livelaw.in, the petitioner cited old Uttar Pradesh Prison Manual, 1941, that provided for the maintenance of caste prejudices of prisoners and designation of cleaning, conservancy, and sweeping work on caste basis.
The petition said that even after amendments made in 2022, aligning the UP Prison Manual with the Model Manual and removing provisions for allotting work based on caste, the fresh manual continued to uphold a rule related to the preservation of caste prejudice and segregation of habitual offenders.
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The Petition highlighted similar discriminatory laws within the State Prison Manuals of 13 major states including Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, Tamil Nadu, Delhi, Punjab, Bihar, and Maharashtra.
The apex court had in January this year had sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on the plea filed the petioner, who is a native of Kalyan in Maharashtra.
SC On Caste-Based Discrimination In Jails
The Supreme Court on Thursday set aside discriminatory provisions of prison manuals of the above-mentioned states while deprecating the practice of caste-based discrimination, distribution of work and segregation of prisoners in separate wards as per their castes.
A bench headed by Chief Justice DY Chandrachud also issued a slew of directions to stop caste-based discrimination in jails.
“Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals,” news agency PTI quoted the bench as saying, adding such practices cannot be allowed.
The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions, the Supreme Court bench said while ordering police to work in right earnest to deal with the cases of caste-based discriminations.
The bench said prisoners of certain classes will have the right to get fair distribution of work in jails.
Setting aside the objectionable rules, the top court ordered states to amend them within a period of three months.
The court also said that selection of sweepers from a particular caste is opposed to substantive equality.
The apex court had in January this year had sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on a plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra.
It had taken note of the submissions that jail manuals of these states discriminate in the allocation of work inside their prisons and inmates' caste determines the places where they are lodged.
Before pronouncing the judgment, CJI Chandrachud said that it was a "beautifully researched petition" by Sukanya Shanta, a journalist who filed the plea based on her article published in The Wire. The CJI congratulated the lawyers for arguing the matter effectively.
"Ma'am Sukanya Shanta, thank you for writing that well written piece, it highlights the power of citizens, they write well researched articles and lead the matters to this Court," livelaw.in quoted CJI as saying.
The plea referred to the Kerala Prison Rules and said they lay down a distinction between a habitual and a re-convicted convict, holding that those who are by habit a robber, house breaker, dacoit or thief should be classified and separated from other convicts.
It claimed that the West Bengal Jail Code lays down that work in prison should be designated by caste, such as cooking work will be undertaken by dominant castes and sweeping work shall be undertaken by people from particular castes.
What Petitioners Argued
Appearing for the petitioner, senior Advocate S Muralidhar and Advocate Disha Wadekar listed three ways by which discrimination was allegedly taking place in prisons:
1. Through division of manual labor;
2. Through segregation of barracks on caste lines;
3. Through extant provisions in state prison manuals which discriminate against prisoners belonging to de-notified tribes (referred to as criminal or wandering and nomadic tribes in the manuals) and “habitual offenders”.
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The petition contended that the Model Prison Manual was inadequate insofar as there was a need to address caste-based discrimination in jails of the country.
The counsels had placed on record testimonials from past and present undertrials, detailing their experiences of the alleged discriminatory practices.
