NEW DELHI: The Ministry of Home Affairs on Thursday amended the Model Prisons Manual, 210 and the Model Prisons and Correctional Services Act, 2023 to address caste-based discrimination in prisons across the country.
The MHA also replaced the existing definition of ‘habitual offender’ to ensure that there is no discrimination of prisoners on the basis of caste.
“The Hon’ble Supreme Court of India in its judgment dated 3rd October 2024 in Writ Petition (Civil) No. 1404 of 2023 titled Sukanya Shantha v. Union of India and Others, taking note of the discrimination of caste-based prisoners in the prisons of some States/Union Territories (UTS), conveyed certain instructions to the concerned parties A copy of the judgment of the Hon’ble Court was distributed to all earlier. mentioned. “The States/UTS for complying with the directions of the Hon’ble Court submit the even numbered letter of this ministry dated 14.10.2024,” the MHA said in a circular.
“It shall be strictly ensured that there is no discrimination, classification or segregation of prisoners on the basis of their caste. It shall be strictly ensured that there shall be no discrimination among prisoners in allotment of duties or jobs in prisons on the basis of their caste. The provisions of the ‘Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013’ will have binding effect even in prisons and correctional institutions. No sewers or septic tanks will be allowed inside a prison.” he added.
Earlier, the Supreme Court had directed all states and Union Territories to review their prison manuals and remove any provisions that perpetuate caste-based discrimination in prisons.
During a hearing on a plea seeking to prevent caste-based discrimination and segregation in prisons, the court, headed by Chief Justice of India Chandrachud, observed that treating prisoners without dignity is a colonial legacy that must be be abolished, and that prisoners should be treated humanely by prison officials.
“The distribution of manual labor among prisoners on the basis of their caste hierarchy is discriminatory and unconstitutional,” the top court said.
The court further stated that prisoners should not be allowed to clean sewers or tanks in dangerous conditions. The police were also directed to work seriously to address cases of caste-based discrimination.
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