NEW DELHI: Ministry of home affairs on Thursday amended Model Prison Manual, 210 and the Model Prisons and Correctional Services Act, 2023 to address caste-based discrimination within prisons across the country.
The MHA also replaced the existing definition of “habitual offender” to ensure that there is no discrimination of prisoners on the basis of their caste.
“The Hon’ble Supreme Court of India, in its judgement dated 3.10.2024 in Writ Petition (Civil) No. 1404 of 2023 titled Sukanya Shantha vs. Union of India and others, taking note of the caste-based discrimination of prisoners in the prisons of some States/Union Territories (UTS), passed certain directions to the concerned stakeholders. A copy of the aforesaid judgement of the Hon’ble Court was circulated to all States/UTS for complying with the directions of the Hon’ble Court vide this ministry’s letter of even number dated 14.10.2024,” MHA said in a circular.
“It shall be strictly ensured that there is no discrimination/ classification/ segregation of prisoners on the basis of their caste. It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste. The provisions of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ shall have a binding effect even in Prisons and Correctional Institutions. Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be permitted.” it added.
Earlier, the Supreme Court had directed all states and Union territories to revise their jail manuals and remove any provisions that perpetuate caste-based discrimination in prisons.
During a hearing on a plea seeking to prevent caste-based discrimination and segregation in jails, the bench, led by Chief Justice of India Chandrachud, observed that treating prisoners without dignity is a colonial legacy that must be abolished, and that prisoners should be treated humanely by jail officials.
“Distribution of manual work among prisoners on the basis of their caste hierarchy is discriminatory and unconstitutional,” the top court said.
The court further stated that prisoners should not be allowed to clean sewers or tanks under hazardous conditions. The police were also directed to work earnestly to address cases of caste-based discrimination.
