‘Ban segregation of work based on caste’: Supreme Court orders revision of jail manuals within 3 months

The Supreme Court held the provisions under challenge in the various state manuals unconstitutional and directed all states and Union territories “to revise their Prison Manuals/Rules in accordance with this judgment within a period of three months”.

A three-judge bench presided by Chief Justice of India D Y Chandrachud said, “Not providing dignity to prisoners is a relic of the colonizers and pre-colonial mechanisms, where oppressive systems were designed to dehumanize and degrade those under the control of the state. They are to be treated humanely and without cruelty. Police officers and prison officials cannot take any disproportionate measures against prisoners. The prison system must be considerate of the physical and mental health of prisoners.”

The bench, also comprising Justices J B Pardiwala and Manoj Misra, said, “Article 23(1) provides an enforceable fundamental right against social and economic exploitation. It aims to prohibit human trafficking, “begar”, and “other similar forms of forced labour”. Like Articles 15(2) and 17, it is enforceable both against the state and non-state actors.”

The judgment added, “The broad scope of Article 23 can be invoked to challenge practices where no wages are paid, non-payment of minimum wages takes place, social security measures for workers are not adopted, rehabilitation for bonded labour does not happen, and in similar unfair practices… Article 23 can also be applied to situations inside prisons, if the prisoners are subjected to degrading labour or other similar oppressive practices.” The ruling referred to the provisions of the Model Prisons and Correctional Services Act, 2023.

“The Ministry of Home Affairs, in consultation with various stakeholders, prepared this draft legislation and forwarded it to all States and Union Territories in May 2023 for adoption in their respective jurisdictions. The Model Act does not contain a reference to the prohibition of caste-based discrimination. This is concerning because the Act empowers the officer-in-charge of the prison to “utilize the services of prisoners” for “administration and management of the prisons”,” the bench said.

“While the Model Prison Manual 2016 refers to the prohibition of caste discrimination in prisons in several provisions, the Model Act of 2023 has completely avoided any such mention. A provision to that effect should be inserted in the Model Act. It should ban segregation or division of work based on caste,” the Supreme Court ruled. It directed that this be done in three months’ time.

The judgment directed that “the “caste” column and any references to caste in undertrial and/or convicts’ prisoners’ registers inside the prisons shall be deleted”.

The court asked the District Legal Services Authorities and the Board of Visitors formed under the Model Prison Manual 2016 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 and a status report be submitted to it.