The Supreme Court on Thursday struck down some provisions in the prison manuals of several states which stipulated assignments of jobs to inmates as per the basis of their castes. A bench headed by Chief Justice D Y Chandrachud also issued directions to stop caste-based discrimination in jails.
Some provisions in these prison manuals also enabled the segregation of prisoners into separate wards based on their castes.
The court set aside these objectionable rules and ordered states to amend them within three months. The Supreme had earlier sought the response of 11 states and Centres, including Uttar Pradesh and West Bengal, in this regard on a plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra.
The Petition highlights identical discriminatory laws within the State Prison Manual of 13 major states including Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, Tamil Nadu, Delhi, Punjab, Bihar, Maharashtra, etc.
These are the observations made by the Supreme Court.
1) The bench took objection to the UP Prison Manual which stipulated that a person going under simple imprisonment need not be given menial work unless his caste is used to do such jobs. "We hold that no group are born as scavenger class or to do or not do menial jobs or as classes who can cook and who cannot cook. These are aspects of untouchability which cannot be permitted," the court observed in the judgment.
2) Prisons cannot be permitted to undertake cleaning of sewer tanks in hazardous conditions, the court said. It also instructed the police to work in earnest to deal with cases of caste-based discrimination.
3) The court also flagged the provisions of the Rajasthan prison manual which referred to denotified tribes.
4) The court said segregating prisoners on the basis of caste will reinforce caste discrimination and will not facilitate rehabilitation. "Not providing dignity to prisoners is a relic of the colonial system. Even prisoners are entitled to the right to dignity. They are to be treated humanely and without cruelty. Prison system must be considerate to the physical and mental health of the prisoners," CJI DY Chandrachud said reaing out the judgment.
5) The court told the Centre to make changes in its Model Prison Rules to address caste-based segregation. It also ordered changing the reference to habitual offenders in the prison manuals in accordance with the legislative definitions and not as per their caste or tribe.