Issues Notices to Centre and 13 States
In a significant move addressing concerns of caste-based discrimination in Indian prisons, the Supreme Court has issued notices to the Union Government and 13 State Governments following a Public Interest Litigation (PIL) filed by journalist Sukanya Shanta. The PIL, which is based on Shanta’s award-winning 2020 report titled ‘From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System’, published by The Wire, brings to light the issue of caste-based segregation and discrimination in various state prisons.
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Caste-Based Segregation in Prisons: A Deep-Rooted Issue
The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, took cognizance of the state of affairs in several prisons where prison manuals reinforce caste-based discrimination. This discrimination manifests in three primary aspects: division of manual labor, segregation of barracks along caste lines, and discriminatory provisions against prisoners belonging to denotified tribes and “habitual offenders” in state prison manuals.
Senior Advocate S. Muralidhar, representing the petitioner, highlighted the plight of prisoners in Palayamkottai Central Jail in Tamil Nadu, where Thevars, Nadars, and Pallars are segregated into caste-based barracks. This practice, justified as a method to prevent caste rivalries, was affirmed by the Madras High Court in C. Arul v. The Secretary to Government W.P.(MD)No.6587 of 2012.
The Petition’s Highlights and Demands
The petition underscores that while some colonial-spirited laws have been amended, discriminatory practices persist. For instance, the old Uttar Pradesh Prison Manual, 1941, allowed the maintenance of caste prejudices and designated cleaning, conservancy, and sweeping work based on caste. Although the 2022 amendments aligned with the Model Manual, removing provisions for allotting work based on caste, they still uphold rules related to the preservation of caste prejudice and segregation of habitual offenders.
The petition identifies similar discriminatory laws within the State Prison Manuals of 13 major states, including Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, Tamil Nadu, Delhi, Punjab, Bihar, Maharashtra, and others. It seeks a declaration that such discriminatory provisions are void, inoperative, and ultra vires Articles 14, 15, 17, and 23 of the Constitution. It also calls for strong action to prevent forced caste-based labor and segregation in jails, along with proactive disclosure of prison manuals through digitization on respective Home departments’ websites and regular printing of prison manuals.
Supreme Court’s Response and Next Steps
The Supreme Court bench has requested the petitioner to furnish a tabulated chart indicating the discriminatory state-wise provisions. Solicitor General Tushar Mehta has been asked to assist the Court in this matter. The case is set to be listed for hearing after four weeks.
This development marks a critical step in addressing the deep-rooted issue of caste-based discrimination in Indian prisons, challenging practices that undermine the dignity and rights of prisoners.
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