Context:
The Ministry of Home Affairs has amended the Model Prison Manual, 2016 rules and the Model Prisons and Correctional Services Act, 2023 to tackle caste-based discrimination within prisons nationwide.
Amendments to Address Caste-Based Discrimination in Prisons:
- Supreme Court Compliance:
- These changes were made in response to a Supreme Court order regarding caste-based discrimination of inmates in the Sukanya Santha vs. UoI & Others Case.
- Habitual Offenders Reference:
- The SC directed that references to habitual offenders in prison manuals should align with the legislative definitions of respective State Laws.
- Definition of Habitual Offenders:
- Habitual offenders are individuals who have been convicted and sentenced multiple times within five years for separate offenses.
- Their sentences should not have been reversed on appeal or review.
Key Amendments
- Ensuring Non-Discrimination:
- Prison authorities must ensure that prisoners are not discriminated against, classified, or segregated based on their caste.
- This includes the allocation of duties or work within the prison.
- Prohibition of Discrimination:
- Caste-based discrimination is prohibited under Article 14 (equality before law), Article 15 (prohibition of discrimination), and Article 17 (abolition of untouchability).
- Binding Provisions of Manual Scavengers Act:
- The provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 shall be binding in Prisons and Correctional Institutions.
- Manual scavenging or any hazardous cleaning of a sewer or septic tank inside a prison is strictly forbidden.
Prisons in India
- State Responsibility:
- Prisons and the persons detained therein are considered a State subject (Entry 4).
- The administration and management of prisons fall under the responsibility of the respective State Governments.
- Governing Laws:
- Previously governed by the Prison Act of 1894 and the prison manuals of the respective state governments.
- However, the Model Prisons Act 2023 has now replaced the Prison Act of 1894.
- Central Guidance:
- Despite being a State subject, the Ministry of Home Affairs provides guidance on prison administration.
Source: TH
Previous Year Question
Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (a)