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Source: The post the Supreme Court declares caste-based labor divisions in prisons unconstitutional has been created, based on the article “On ‘casteist’ provisions in prison manuals” published in “The Hindu” on 8th October is 2024
UPSC Syllabus Topic: GS Paper 2- Governance- Prison Reforms
Context: The article discusses the Supreme Court’s decision to declare caste-based labor divisions in prisons unconstitutional. It highlights discriminatory prison rules and urges reforms to abolish such practices that violate prisoners’ fundamental rights, ensuring equality and dignity for all.
For detailed information on Supreme Court’s Ruling on Caste Bias and Prison Segregation read this article here
What Was the Issue Addressed by the Supreme Court?
- The Supreme Court addressed the issue of caste-based divisions of labor in Indian prisons, declaring such practices unconstitutional.
- The case was initiated by a Public Interest Litigation filed by journalist Sukanya Shantha, highlighting discriminatory rules in prison manuals from states like Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu, and Kerala.
For detailed information on Caste System in Indian Prisons: Unconstitutional But Legal read this article here
Why Supreme Court’s declare caste-based labor divisions in prisons unconstitutional?
- The Supreme Court declared caste-based labor divisions in prisons unconstitutional as they violate prisoners’ fundamental rights under Articles 14, 15(1), and 17 of the Constitution.
- The case was based on a PIL highlighting discriminatory prison manuals in states like Tamil Nadu, Uttar Pradesh, and Rajasthan.
- In Tamil Nadu’s Palayamkottai Central Jail, Thevars, Nadars, and Pallars were segregated, reflecting caste-based segregation.
- Rajasthan’s Prison Rules, 1951, assigned latrine duties to the “Mehtar” caste, while higher-caste prisoners were given cooking tasks.
- The court noted that these practices reinforced colonial-era stereotypes and perpetuated untouchability, violating Article 17.
- Caste distinctions in labor assignments deprived marginalized prisoners of dignity and equality, which the court ruled as direct discrimination.
What Directions Were Issued by the Court?
- The court directed all states and Union Territories to amend their prison manuals within three months to remove discriminatory practices.
- It also highlighted flaws in the Union government’s Model Prison Manual of 2016 and the Model Prisons and Correctional Services Act, 2023.
- Reforms were ordered to redefine the term “habitual offender” and ensure equality in prison work assignments.
- Regular inspections will be carried out to ensure compliance.
How do prison manuals reinforce colonial stereotypes?
- The Criminal Tribes Act of 1871 allowed the British to label certain communities as “criminal tribes.” Even after the Act’s repeal, prison manuals continued to classify some groups as “habitual offenders,” even without convictions.
- In West Bengal, Rule 404 of the Jail Code discriminated against people from “wandering tribes,” considering them prone to escape.
- Andhra Pradesh, Tamil Nadu, and Kerala used similar definitions, perpetuating harmful stereotypes.
Question for practice:
Examine how prison manuals in various Indian states reinforce colonial stereotypes and discriminatory practices against certain communities.
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