Forward Approach: Supreme Court Sets Aside Prison Rules Promoting Caste-Based Discrimination

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In a move to ensure parity and eliminate discrimination, the Supreme Court on Thursday set aside provisions mentioned in some states' prison manuals that were discriminatory. The top court not only deprecated the practice of caste-based discrimination it also flagged the distribution of work and segregation of prisoners in separate wards as per their castes. A bench headed by Chief Justice D Y Chandrachud also issued several directions to stop caste-based discrimination in jails. Quashing the objectionable rules, the top court ordered states to amend the rules within three months.

The apex court said that caste cannot be a ground to discriminate against prisoners of marginalised classes in jails. “The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions,” said the court while ordering that the police will have to work in the right earnest to deal with the cases of caste-based discrimination.

The bench said prisoners of certain classes will have the right to get a fair distribution of work in jails. The court also stated that selecting sweepers based on a specific caste goes against the principles of substantive equality.

In January of this year, the apex court requested responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, following a plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra. The court acknowledged concerns raised that prison manuals in these states discriminate in the allocation of work, with inmates' caste influencing where they are housed within the prisons.

The plea highlighted the Kerala Prison Rules, which differentiate between habitual and re-convicted offenders, stating that individuals habitually involved in crimes like robbery, housebreaking, dacoity, or theft should be classified and separated from other convicts.

It further alleged that the West Bengal Jail Code assigns prison work based on caste, with tasks like cooking reserved for dominant castes, while sweeping is designated for individuals from specific castes. (With PTI inputs)