Casteism in Prison
Kartavya Desk Staff
Syllabus: Governance
- •Source: TH*
Context: The Supreme Court on October 3 declared caste-based labour assignments in prisons as “unconstitutional”, striking down provisions in State prison manuals across more than 10 states, including Uttar Pradesh, Tamil Nadu, and Kerala.
• The court highlighted that assigning menial jobs like cleaning to marginalized castes while reserving cooking for higher castes violates Articles 14 (Right to Equality), 15 (Prohibition of discrimination), 17 (Abolition of untouchability), and 23 (Prohibition of forced labour) of the Constitution.
Key issues identified in prison manuals:
• Caste-based discrimination: Manuals still include discriminatory rules that segregate prisoners based on caste, assigning specific duties based on social hierarchies.
E.g. The separation of Thevars, Nadars, and Pallars in Tamil Nadu prisons.
• Colonial legacy: Prison rules continue to categorize members of denotified tribes as “habitual offenders” or “born criminals,” perpetuating colonial-era stereotypes.
• Labor segregation: Specific tasks are assigned based on caste, such as Brahmins being given cooking duties while marginalized castes are assigned cleaning and manual labor roles.
Current status of Indian prisons:
• Overcrowding: Indian prisons operate at 117% capacity, with a significant proportion of inmates being under-trial prisoners.
• Poor conditions: Lack of hygiene, inadequate medical facilities, especially for women, and reports of custodial torture persist.
• Judicial delays: Prolonged trials and a lack of access to legal aid hinder timely justice for inmates.
Legal framework governing prisons:
• Articles 14, 15, 17, and 23: These constitutional provisions prohibit discrimination, untouchability, and forced labor, ensuring equality and dignity for all.
• Model Prison Manual (2016) and Model Prisons and Correctional Services Act (2023): Criticized for retaining vague definitions of “habitual offenders” and failing to fully eliminate caste-based discrimination.
• Prisons Act, 1894: The primary legislation governing prison administration in India.
Consequences of caste-based discrimination in prisons:
• Violation of fundamental rights: Caste-based labor assignments undermine inmates’ dignity, equality, and human rights.
• Perpetuation of social inequality: Reinforces social hierarchies, stigmatizing marginalized communities even within prison walls.
• Obstruction to reformation: Caste-based assignments restrict personal growth and rehabilitation opportunities for marginalized inmates.
Way ahead for prison reforms:
• Amend prison manuals: Ensure that all states and Union Territories update prison rules to eliminate discriminatory practices within the next three months.
• Legal framework enhancement: Incorporate provisions from the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 into the prison manual.
• Regular inspections: District legal services authorities and boards of visitors should conduct periodic inspections to identify and rectify any biases.
• Awareness and sensitization: Train prison staff on the principles of equality and non-discrimination to promote inclusive prison practices.
• Judicial oversight: Encourage adherence to guidelines laid out in landmark judgments like Arnesh Kumar Vs. State of Bihar (2014) for the protection of prisoners’ rights.
Conclusion
The SC’s judgment marks a significant step toward reforming India’s prison system by rooting out caste-based discrimination. Moving forward, strict adherence to constitutional principles and reforms in prison administration will be essential to safeguard the dignity and rights of all inmates.
Insta Links:
• Model-prisons-act-2023
• Prison-Reforms-in-India
• “Caste system is assuming new identities and associational forms. Hence caste system cannot be eradicated in India.” Comment. (UPSC-2018)
• What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (UPSC-2017)