CASTE BASED DISCRIMINATION IN INDIAN PRISONS

Context

The Supreme Court of India has asked the government and 11 states to respond to a petition claiming that prisoners are being unfairly treated based on their caste in jails.

What is Caste based discrimination? Caste-based discrimination refers to the unjust treatment of individuals based on their caste or social class. It happens when individuals are treated unfairly or denied opportunities, rights, or privileges based on their caste. This can impact various aspects of life, including education, employment.

Instances of Caste Based Discrimination Highlighted by the petition

The PIL (Public Interest Litigation) exposes instances from Madhya Pradesh, Delhi, and Tamil Nadu jails where cooking is allocated to upper castes, while "specific lower castes" are assigned small jobs such as sweeping and cleaning toilets.

 

 

 

 

 

 

State Prison Manual Sanctions	Issues Highlighted	Solutions
1.Rajasthan Prison Rules 1951	Giving tasks based on caste.	Revise rules to eliminate caste-based tasks. Promote equality in task allocation.
2.Palayamkottai Central Jail in Tamil Nadu	Caste-based division of inmates.	Implement policies to discourage caste-based separation of inmates.
3. West Bengal Jail Code	Giving ‘low-status’ tasks based on caste.	Change guidelines to ensure fair distribution of tasks to promote dignity for all prisoners.

 

Petition for Equality: Challenging Discrimination in Prison Systems

1. The petition talks about a rulebook from 2003 called the Model Prison Manual. This rulebook guides how prisoners are treated based on safety, order, and programs in jail. The petition disagrees with sorting prisoners by their money, caste, or group.
2. The petition argues that even if someone is in jail, they still have basic rights and should be treated fairly. It mentions a decision by the Supreme Court in 1978 that supports the rights of people in jail.
3. The petition strongly says we should get rid of unfair rules in the rulebooks of different states.

Supreme Court's Observations

1. Judges found that in states like Uttar Pradesh, Odisha, Jharkhand, Kerala, West Bengal, Madhya Pradesh, Andhra Pradesh, Maharashtra, Telangana, Punjab, and Tamil Nadu, the rules support treating people differently based on their caste and making them do tough jobs they don't want to do.
2. The SC has sent a notice to these states and the Union Territories, asking for a response within four weeks about the issues raised in the petition.

Legal Frameworks and Reforms needed in Indian Prisons for caste discrimination

1. Colonial laws like the 'Prisons Act of 1894,' are of outdated nature. The Ministry of Home Affairs (MHA) reviewed 'The Prisons Act, 1894,’ ‘The Prisoners Act, 1900,’ and ‘The Transfer of Prisoners Act, 1950. This led to the development of 'Model Prisons Act, 2023.’ This new law is expected to improve the prison conditions and administration and protect the human rights and dignity of the prisoners.
2. State-level prison manuals were unchanged from a long time. They are discriminatory and emphasize on notions of caste purity and impurity. They divide duties like cleaning and sweeping to specific castes. Despite constitutional and legal provisions against untouchability, caste-based rules still exist in prisons.
3. The prohibition manual scavenging law says that people shouldn't be made to do manual scavenging, which is cleaning human waste by hand, it doesn't specifically mention prisons. Because of this, the rules in prison manuals that allow caste discrimination and manual scavenging in jails are not breaking this law

Ensuring removal of caste-based discrimination from Prisons
1. States should adopt the 2016 Model Prison Manual that stresses on dignity and non-discrimination for prisoners.

2. Courts should intervene to eliminate discriminatory provisions, safeguarding fundamental rights and promoting equality in prisons.

3. Establish strong monitoring mechanisms to track reform progress and ensure accountability.

4. Raise awareness about the issue of caste-based discrimination in prisons through public campaigns and advocacy.
5. Conduct sensitivity training for prison staff to promote a culture of equality and eliminate biased behavior.

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