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Synopsis

The Supreme Court of India has directed all States and Union Territories to revise their Prison Manuals/Rules while addressing the notions of institutional systemic discrimination among the prisoners.

"References to “habitual offenders” in the prison manuals/Model Prison Manual shall be in accordance with the definition provided in the habitual offender legislation enacted by the respective State legislatures, subject to any constitutional challenge against such legislation in the future. All other references or definitions of “habitual offenders” in the impugned prison manuals/rules are declared unconstitutional....", a bench comprising, CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra has added.

The petitioner, Sukanya Shantha, a journalist, had written an article “From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System”, which was published on 10 December 2020. The article highlighted caste-based discrimination in the prisons in the country. The petitioner approached court seeking directions for repeal of the offending provisions in State prison manuals.

Court was told that caste-based discrimination continues to persist in the prisons in the country with respect to: (i) The division of manual labour; (ii) Segregation of barracks; and (iii) Provisions that discriminate against prisoners belonging to Denotified tribes and “habitual offenders”.

In this regard the bench observed, "Being forced to undertake the menial tasks simply because of their caste background robs prisoners of the element of choice that other prisoners enjoy. Forcing marginalized caste inmates to perform tasks like cleaning latrines or sweeping, without providing them any choice in the matter and based purely on their caste, constitutes a form of coercion.".

It has further held that This type of labour assignment, based on their caste, cannot be classified as voluntary. Forcing the members of oppressed castes to selectively perform menial jobs amounts to forced labour under Article 23.

Top Court has held the impugned provisions in the manuals to be unconstitutional for being violative of Articles 14, 15, 17, 21, and 23 of the Constitution. "We need to reflect and do away with institutional practices, which discriminate against citizens from marginalized communities or treat them without empathy", the CJI added.

Additionally, the Union government has also been directed to make necessary changes, to address caste-based discrimination in the Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 within a period of three months.

The DLSAs and the Board of Visitors formed under the Model Prison Manual 2016 are to jointly conduct regular inspections to identify whether caste-based discrimination or similar discriminatory practices, as highlighted in this judgment, are still taking place inside prisons.

Case Title: Sukanya Shantha vs. Union of India & Ors.