Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Rules promoting caste bias in jails struck down by Supreme Court

Note4Students

From UPSC perspective, the following things are important :

Mains level: Caste-based discrimination;

Why in the News?

The Supreme Court declared caste-based discrimination in prisons unconstitutional, ordering immediate reforms in jail manuals nationwide to uphold inmates’ dignity, equality, and non-discrimination rights.

What specific caste-based practices in prison manuals were deemed unconstitutional by the SC?

  • Work Assignments Based on Caste: The assignment of menial tasks like cleaning and sweeping to marginalized castes (e.g., SCs, STs, DNTs) while reserving cooking roles for higher castes was ruled unconstitutional.
    • This violated Articles 14 (Right to Equality) and Article 15 (Prohibition of Discrimination on Grounds of Religion, Race, Caste, etc.).
  • Caste-based Classification of Labour: The court struck down provisions in prison manuals that classified inmates into different labour roles based on their caste, calling it a form of “untouchability” and caste hierarchy.
  • References to ‘Scavenger Class’: The reference to specific castes as the “scavenger class” was condemned as reinforcing caste stereotypes, and the court ruled such practices unconstitutional under Article 17 (abolition of untouchability).
  • Assignment of Hazardous Tasks: Marginalized prisoners forced to clean sewers and tanks in unsafe conditions was also ruled a violation of their dignity under Article 21 (Right to Life with Dignity).

How does the ruling reflect the broader implications of caste discrimination in society?

  • Historical and Societal Caste Biases: The ruling emphasized that caste-based discrimination in prisons is a remnant of colonial and pre-colonial oppressive systems, designed to dehumanize marginalized groups.
  • Reinforcement of Stereotypes: The court noted that prison rules, by assigning certain jobs to marginalized castes, indirectly perpetuate historical stereotypes and social hierarchies, harming personal growth and development, and fostering caste prejudices.

India’s prisons face other challenges too: 

  • Overcrowding: In 2016, India’s prisons were 20% over capacity, with some prisons over 500% capacity. Overcrowding can lead to poor living conditions and the spread of disease. 
  • Poor hygiene and Custodial torture: Prisoners face physical abuse and sexual abuse, and police may also torture prisoners. Prisons are underfunded, which leads to poor infrastructure, inadequate food, and insufficient clothing. 
  • Understaffing: 33% of prison official positions are vacant. Prison management is a state subject, so prison rules vary by state.
  • Ineffective bail system: The bail system contributes to the crisis of undertrial incarceration.

What are the actions mandated by the SC?

  • Reform of Prison Manuals: All states and Union territories must revise their prison manuals within three months to align with the judgment, eliminating discriminatory provisions.
    • The Union government is required to update the Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 within the same period.
  • Removal of Caste-Based Work Assignments: The court ordered that no inmate be subjected to work or housing arrangements based on their caste. The caste column in registers of undertrial and convicted prisoners must be deleted.
  • Prohibition of Hazardous Work: The court mandated that manual scavenging or hazardous cleaning of sewers or septic tanks in prisons be prohibited, in line with the 2013 law banning manual scavenging.
  • Arrest Guidelines for DNTs: The court called for strict adherence to guidelines (from Arnesh Kumar Vs State of Bihar and Amanatullah Khan Vs Commissioner of Police, Delhi cases) to prevent arbitrary arrests of denotified tribe members.
  • Compliance Oversight: The court initiated suo motu proceedings to monitor the implementation of these reforms and ordered states and the Union government to submit compliance reports, ensuring sustained oversight.

Conclusion: The Supreme Court’s landmark ruling ends caste-based discrimination in prisons, mandating nationwide reforms in jail manuals, safeguarding inmates’ dignity, and promoting equality by eliminating discriminatory caste-based practices and work assignments.

Mains PYQ:

Q Caste system is assuming new identities and associational forms. Hence, the caste system cannot be eradicated in India.” Comment. (UPSC IAS/2018)

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