NEW DELHI: In a landmark verdict, the Supreme Court ruled on Thursday that there should not be any caste discrimination in prisons across India. The apex court also stated that all current provisions in the jail manual perpetuating such discrimination must be removed.
"The Prison Manual 2016 of the central government suffers from lacunae. The manual of 2016 should prohibit the classification of prisoners based on caste. Distribution of manual work among prisoners based on their caste hierarchy is discriminatory and unconstitutional," a three-judge bench led by Chief Justice of India (CJI) D.Y. Chandrachud said in the verdict.
The top court pronounced its decision on a plea filed by Sukanya Shantha, a resident of Kalyan in Maharashtra, alleging that the prison manuals of some states encourage caste-based discrimination.
Observing that most of these laws were framed during British rule, the top court directed that prisoners shall not be permitted to clean sewer tanks and similar hazardous conditions.
"The state shall be held liable if a violation of Article 23 (Prohibition of traffic in human beings and forced labour) is being committed by private individuals. Prisoners can't be made to perform inhuman work and be treated inhumanely, with hatred and contempt towards caste-based discrimination and pervasive bias against such castes," the top court said.
While reading the verdict in open court, the CJI stated that the court took suo motu cognizance of discrimination inside prisons, directing the registry to list the issue after three months and requiring states to submit a compliance report regarding this judgment.
Emphasising the need to protect marginalised communities, the Supreme Court stated that the court has held that the Constitution recognises SC/ST for protective discrimination. However, caste should not be used to discriminate against these groups, nor should it perpetuate discrimination against the oppressed.
"There cannot be such discrimination among prisoners, and segregation will not lead to rehabilitation," the apex court asserted.
The court also ruled that assigning cleaning and sweeping tasks to marginalized individuals while assigning cooking to higher castes is a violation of Article 15.
"Such indirect uses of phrases targeting so-called lower castes cannot be permitted within our constitutional framework. Prison manuals are only reaffirming such discrimination," the CJI added.
Addressing the issue, the apex court noted that the UP Manual provides that a person undergoing simple imprisonment should not be assigned degrading or menial work based on caste.
"No group is born as a scavenger class, nor should any class be restricted to menial jobs. Classifications regarding who can cook and who cannot are aspects of untouchability that cannot be allowed," the apex court stated.
Earlier this year, the apex court sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, regarding the plea filed by Shantha. The petitioner claimed that the jail manuals of these states discriminate in the allocation of work, determining inmates' locations based on their caste.
Referring to the Kerala Prison Rules, the plea highlighted the distinction between habitual offenders and re-convicted individuals, asserting that those habitually engaged in crimes like robbery, housebreaking, or theft should be classified and separated from other convicts.
It noted that the West Bengal Jail Code stipulates that prison work should be designated by caste, with cooking assigned to dominant castes and sweeping to specific castes.
While issuing notices to the Union Ministry of Home Affairs and others, the apex court asked Solicitor General Tushar Mehta to assist in addressing the issues raised in the plea.
The bench considered the petitioner’s counsel's argument that, despite amendments to the state prison manuals in accordance with the model prison manuals set by the Union Home Ministry, caste discrimination continues to be reinforced in state prisons.
“This petition is filed in public interest under Article 32 of the Constitution of India to bring to the attention of this court the continued existence and enforcement of rules and practices under various state prison manuals that are manifestly grounded in and reinforce caste-based discrimination,” the plea stated.
It sought appropriate directions to align such manuals and prison practices with the Constitution.