Supreme Court Sets Aside Rules Enabling Caste-Based Discrimination In Prisons—All About It

The Supreme Court on Thursday (3 October) struck down discriminatory provisions in prison manuals of some states, while slamming 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 D Y Chandrachud also issued several directives to stop caste-based discrimination within prisons.

“Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals,” the bench said, adding such practices cannot be allowed.

“The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions,” it said.

The bench said that prisoners from certain communities must be entitled to a fair distribution of tasks in jails.

Setting aside the discriminatory rules, the top court directed states to amend them within three months.

The court further stated that the selection of sweepers from a particular caste is opposed to substantive equality.

The Court also directed the Union Government to make necessary changes in its Model Prison Rules to address caste-based segregation.

The Court further directed that the reference to habitual offenders in the prison manuals should be in accordance with the legislative definitions, without reference to their caste or tribe.

Earlier in January, the Supreme Court had sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, following a petition filed by Sukanya Shantha, a native of Kalyan, 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.

The petition cited the Kerala Prison Rules, noting that they distinguish between habitual offenders and re-convicted criminals, mandating that those with a history of robbery, burglary, dacoity, or theft be separated from other convicts.

It also pointed out that the West Bengal Jail Code assigns prison tasks based on caste, where cooking is reserved for dominant castes while sweeping duties are given to people from particular castes.

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