Syllabus
GS Paper 1 – Salient features of Indian Society.
Context
The Supreme Court of India recently delivered a ruling on a PIL that brought to light allegations of caste-based discrimination within prisons.
Source
The Hindu| Editorial dated 5th October 2024
Caste in jail
The recent Supreme Court ruling prohibiting caste-based discrimination in prisons highlights the persistence of colonial practices and the failure of prison authorities to eradicate them since independence. The Court emphasized that the caste-based hierarchy in prisons violates constitutional principles of equality and dignity. This judgment underscores the need for comprehensive reforms in the prison system to align it with modern values of justice and human rights.
Instances of Caste-Based Discrimination
- Menial Tasks Allocation: Prisoners from lower castes are often assigned degrading tasks like sweeping and cleaning toilets.
- Caste Segregation: Certain jails, like those in Tamil Nadu and Madhya Pradesh, segregate prisoners by caste for tasks such as cooking.
- Hereditary Trades: Prisoners are forced to engage in their “hereditary trades” within prisons, perpetuating caste-based roles.
- Habitual Offenders: Denotified tribes are still treated as habitual offenders, associating criminal tendencies with certain groups.
State Prison Manual Sanctions
- Rajasthan Prison Rules (1951): Allocates tasks like latrine cleaning to Mehtars and kitchen duties to Brahmins based on caste.
- West Bengal Jail Code: Directs that menial task be performed by castes like the Mether or Hari caste.
- Palayamkottai Central Jail (Tamil Nadu): Segregates prisoners by caste into sections such as Thevars, Nadars, and Pallars.
Supreme Court’s Observations
- Violation of Fundamental Rights: The Court noted that caste-based labour distribution violates the right to dignity and the right against forced labour.
- Unconstitutional Practices: Rules about caste-based duties in over 10 states were found to be unconstitutional.
- Reform Directive: The Court ordered revisions to prison manuals within three months to remove discriminatory practices.
Colonial Legacy in Prisons
- Prisons Act of 1894: The legal framework for prisons remains rooted in colonial policies, with a focus on punishment over reformation.
- Caste Mentality: State-level prison manuals still reflect colonial views on purity and impurity, perpetuating caste-based roles.
- Manual Scavenging: Despite the 2013 Act outlawing manual scavenging, caste-based tasks remain a practice in prisons, as the Act does not explicitly cover prison administration.
Way Forward
- Adoption of Model Prison Manual (2016): States should adopt the Model Prison Manual, based on the Nelson Mandela Rules for dignified treatment of prisoners.
- Judicial Intervention: Courts should actively strike down discriminatory provisions, ensuring the protection of fundamental rights.
- Monitoring Mechanisms: Robust mechanisms must be established to ensure accountability and progress in implementing prison reforms.
Conclusion
The Supreme Court’s ruling marks a significant step in ending caste-based discrimination in Indian prisons, ensuring that even within correctional facilities, the constitutional values of equality, dignity, and non-discrimination prevail. However, systemic change requires more than judicial intervention; state governments and prison authorities must actively reform prison administration to align with human rights standards and abolish all forms of caste-based exploitation.
Related PYQ
Caste system is assuming new identities and associational forms. Hence caste system cannot be eradicated in India.” Comment. [ UPSC Civil Services Exam – Mains 2018]
Practice Question
Discuss the significance of the Supreme Court’s ruling on caste-based discrimination in Indian prisons. How does it address the colonial legacy in prison administration? [150 words]
Guidelines to Answer
- Introduction:
- Briefly introduce the Supreme Court’s ruling on prohibiting caste-based discrimination in prisons.
- Mention the persistence of colonial-era practices and their constitutional violations.
- Body:
- Addresses caste-based practices in labour distribution and treatment of prisoners.
- Explain how prison systems have continued colonial policies, focusing on punishment rather than reformation.
- Highlight specific examples like the Prisons Act of 1894 and outdated state prison manuals.
- Mention the Court’s directive to revise prison manuals and end caste-based roles.
- Emphasize the need for human rights-based reforms in prison management.
- Conclusion:
- Summarize the importance of judicial intervention in ending systemic discrimination.