The Supreme Court’s verdict on caste discrimination in jails emphasized that the right to life and personal liberty under Article 21 of the Indian Constitution extends to breaking caste barriers. The ruling highlighted systemic discrimination faced by prisoners from marginalized castes and called for reforms to ensure equality within the prison system. The Court stressed that jail authorities must uphold the constitutional rights of all inmates, regardless of caste.
New Delhi: The Supreme Court made a strong appeal to eliminate caste-based discrimination within Indian prisons and remove caste stereotypes from jail manuals concerning labour division in prison barracks.
In a judgment delivered on October 3, a Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra emphasized that caste discrimination in prisons would not be tolerated.
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The Court also initiated a suo motu case to oversee this issue and warned the States that they would be held accountable if any instances of caste discrimination are detected in prisons.
Here are ten key observations from the Supreme Court’s verdict:
- Criminal Laws Must Reject Colonial Philosophies
The Court emphasized that modern criminal laws, as “the strongest expression of the State’s power,” must not deny equality before the law. It pointed out that while the British colonial rulers tolerated caste discrimination in Indian prisons, this approach is no longer acceptable. “Upholding of caste differences by the British inside the prisons reflected their overall support to legitimizing the law of caste. However, this Court cannot adopt the approach taken by the colonial administrators,” the Court declared. - End Discrimination Against Denotified Tribes
The Court noted that colonial-era laws, which labeled certain oppressed groups as ‘criminal tribes,’ have left a lasting stigma. These communities, or ‘denotified tribes,’ are often still classified as ‘habitual offenders’ in prison manuals without any conviction. The Court found that “Once labelled a criminal tribe, individuals from these communities faced systematic discrimination in employment, education, and social services.” - Caste-Based Discrimination Unconstitutional
The Court ruled that caste cannot be used as a basis for discrimination in prisons. While certain caste-based classifications are permissible under the Constitution, they must promote equality. “Rules that discriminate among individual prisoners on the basis of their caste… are violative of Article 14,” the Court held. - Caste Rivalries Not Grounds for Segregation
The Court criticized prison authorities for segregating prisoners based on caste to avoid clashes between rival caste groups. “Discipline cannot be secured at the altar of violation of fundamental rights and correctional needs of inmates,” the Court stated. - Right to Overcome Caste Barriers Under Article 21
The Supreme Court ruled that Article 21, which guarantees the right to life and personal liberty, also includes the right to overcome caste barriers. “Article 21 provides for the right to overcome caste barriers as a part of the right to life of individuals from marginalized communities,” the judgment said. - Menial Tasks Based on Caste Amount to Forced Labour
The Court condemned the assignment of degrading tasks to prisoners based on their caste, stating it amounts to forced labour. “Imposing labour or work, which is considered impure or low-grade, upon the members of marginalized communities amounts to ‘forced labour’ under Article 23,” the Court noted. - Remedying Caste Discrimination Requires Multi-Faceted Efforts
The Court emphasized that systemic discrimination against marginalized communities continues and requires “concrete multi-faceted efforts by all institutions” to address.
No Group Can Be Labelled as ‘Scavenger Class’
The Court condemned the practice of referring to certain groups as a ‘scavenger class,’ stating,
“No social group is born as a scavenger class.”
Ignoring Caste Discrimination Cements Oppression
The Court warned that failing to check caste-based practices reinforces their existence.
The Court cautioned,
“Refusal to check caste practices or prejudices amounts to cementing of such practices,”
Gaps in Legislation and Manuals on Caste Discrimination
The Court criticized the Model Prison Manual of 2016 and the Model Prisons and Correctional Services Act of 2023 for not addressing caste discrimination adequately.
The Court made clear,
“No prisoner must be made to do manual scavenging or hazardous sewage/ septic tank cleaning work,”