Supreme Court’s Ruling on Caste Bias and Prison Segregation

Source: The post on Supreme Court’s Ruling on Caste Bias and Prison Segregation is based on the article “Caste bias, segregation in prisons violate dignity: Supreme Court” published in “The Hindu” on 4th october 2024.

Why in the News?

Recently, Supreme Court’s gave a ruling on Caste Bias and Prison Segregation.

About the Supreme Court Judgement

1. Caste-Based Discrimination in Prisons: The Supreme Court declared that caste-based discrimination of prisoners, including segregation of work based on caste, is a violation of human dignity.

2. Caste Stigma and Equality: The judgment underscored that every person is born equal, and no stigma should be attached to anyone’s existence based on caste. It criticized the persistence of caste discrimination even after 75 years of India’s independence.

3. No “Scavenger Class” in Modern Society: The court stated that no social group should be classified as a “scavenger class” and condemned manuals that assign such roles based on caste. It invoked the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, asserting its applicability in prisons.

Supreme court observation

1. Violation of Constitutional Rights: Article 15(1) of the Constitution was cited which prohibits discrimination. He noted that caste-based discrimination within the state apparatus, including prisons, is the “highest form” of such violation.

2. The Bench also referenced Article 17, which forbids untouchability, and Article 23, which prohibits forced labor.

3. Forced Labor Based on Caste: The court found that forcing prisoners from marginalized castes to perform menial tasks, such as cleaning latrines, purely on the basis of their caste, constitutes coercion. It highlighted that prison work assignments must not be dictated by caste-based notions of purity and pollution.

Supreme court direction

1. Revision of Prison Manuals: All prison manuals and laws must be revised within three months to remove any provisions that sanction caste-based discrimination.

2. Deletion of Caste Column: The ‘caste column’ and any references to caste in the registers of undertrials and convicts maintained in prisons must be deleted.

3. No Arbitrary Arrest of Denotified Tribes: Members of denotified tribes must not be subjected to arbitrary arrest or treated as ‘habitual offenders’ without proper statutory backing.

4. Abolition of Caste-Based Work Segregation: Any segregation of prisoners based on caste, especially in relation to work duties like cleaning latrines or sweeping, must cease.

5. Constitutional Compliance in Work Assignment: Work assignments in prisons must be based on objective criteria like aptitude, health, and psychological needs, rather than caste.

6. Enforcement of Anti-Manual Scavenging Act in Prisons: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 must be enforced in prisons to stop caste-based labor assignments.

7. Changes to Modern Prison Manual and Model Act: The Union government must revise the Modern Prison Manual of 2016 and the Model Prisons and Correctional Services Act of 2023 to eliminate caste-based discrimination and forced labor practices within three months.

8. Abolition of Caste-Based Privileges: Any caste-based privileges or segregation practices, such as separating prisoners by caste or religion in barracks, must be abolished.

UPSC Syllabus: Polity and nation