NEW DELHI: The home ministry, complying with the directions issued by Supreme Court in October 2024, has updated its model prisons law and model prison manual to prohibit classification and segregation of prisoners or any allotment of duty to them on the basis of caste, besides specifically barring manual scavenging in jails.
The ministry has also defined ‘habitual offender’ as one who “during any continuous period of five years, has been convicted and sentenced to imprisonment on more than two occasions on account of any one or more of the offences committed on different occasions”. Such offences should not constitute parts of same transaction and the sentence should not have been reversed in appeal or review, the ministry said in its letter sent to chief secretaries and prison heads of all states and Union Territories on December 30. For computing, the continuous period of five years, any period spent in jail either under sentence of imprisonment or under detention shall not be taken into account.
Administration of prisons comes under state govts and they are expected to align state laws with the changes brought in by the home ministry.
Supreme Court, in its order on October 3, 2024, in the Sukanya Shantha vs Union of India and Others case, had directed that caste-based discrimination in prisons and manual scavenging be prohibited and references to ‘habitual offenders’ in prison manuals/rules be in accordance with the definition provided in the habitual offenders legislation enacted by respective state legislatures. Where there is no such legislation in the state, Union and state govts were directed to update their manuals/rules in line with the Supreme Court judgment within three months. The three-month window ends on Friday.
As per the changes introduced in Model Prison Manual, 2016, and Model Prisons and Correctional Services Act, 2023, a new sub-heading ‘prohibition of caste-based discrimination in prisons and correctional institutions’ has been added. Provisions under this sub-heading state that “it shall be strictly ensured that there is no discrimination/ classification/ segregation of prisoners on the basis of their caste” or that “there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste”.
The ministry said provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, shall have a binding effect even in prisons and correctional facilities. “Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be permitted,” states the amended Model Prison Manual, 2016, and 2023 Model Prisons Act.
The ministry has requested all states and UTs to take note of the changes/additions and ensure strict compliance of all directions given by Supreme Court.
