Context: Supreme Court of India found that prison manuals in more than 10 States, including Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu and Kerala, continue to have provisions which sanction discrimination and forced labour on the ground of caste in prisons.
About caste system:
- It is a form of social stratification that involves a system of hierarchically ranked, closed endogamous strata, the membership of which is ascribed and between which contact is restricted and mobility theoretically impossible.
Prison statistics in India
- Of the total 4,78,600 prison inmates in the country, 3,15,409 or 65.90% belong to the Scheduled Castes, Scheduled Tribes and the Other Backward Class categories in 2020 (NCRB).
Reason for continuity of caste based discrimination in prisons:
However, despite all modern forces of change, the caste system continued to exist in Indian society.
- Idea of purity and impurity: The Prisons Act, 1894 contain specific provisions concerning prisons’ functioning and the regulation of prisoners’ actions. Since prisons are a State list subject, the Prisons Act guides respective state governments to formulate their respective prison manual rules. E.g:
- Accordingly, the Rajasthan Prison Manual prescribed that hospital attendants must belong to a “good caste”.
- Similar provisions continue in several states like, West Bengal, Uttar Pradesh, and Punjab. The “Mehtar” and “Chandal” castes, communities historically associated with manual scavenging and cleaning, have been explicitly allocated tasks of sweeping and cleaning work.
- Prison manuals safeguard the privileged position of Savarna Hindus (Brahmins) by guaranteeing their exclusive rights to prepare and transport food for all inmates.
- Institutionalised bias: The prison system reflect and perpetuate societal biases. Discrimination based on caste may be ingrained in the attitudes and practices of prison staff, affecting the treatment of inmates. E.g:Dalits even have a separate ward in prisons.
- Deep-rooted social structures: The caste system has historically dictated social interactions, leading to hierarchies and inequalities. E.g: Treatment of inmates from the denotified tribes as “habitual offenders.
- Gaps in laws: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, does not encompass prison administration, thereby rendering it ineffective in prohibiting manual scavenging within Indian prisons.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 : The act ignore of the casteist allocation of jobs in prison and unable the protect the core dignity of human beings (Article 21).
Initiative taken to deal with caste based discrimination in prison:
Constitutional Provision:
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 17: Untouchability is abolished and its practice in any form is forbidden.
- Article 21: No person shall be deprived of his life or personal liberty.
International initiative:
- Nelson Mandela Rules: To treat prisoners with inherent dignity and to prohibit torture and other ill-treatment and state that there should be no discrimination amongst the inmates on the grounds of status.
Government Initiative:
- Model Prison Manual of 2016: Based on Nelson Mandel Rules, aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners all over the country.
Judiciary intervention:
- Rama Murthy Judgment (1997): SC identified nine issues concerning prisons, such as overcrowding, trials being delayed, the torture and ill-treatment of prisoners, neglect of health and hygiene, insubstantial food and inadequate clothing.
- Shatrughan Chauhan v. Union of India: SC said the legal procedure adopted to deprive a person of his life or liberty must be fair, just and reasonable and the protection of Article 21 of the Constitution of India inheres in every person, even death-row prisoners, till the very last breath of their lives.
Measure to be adopted to bring equality amongst the prisoners:
- Recommendations given by Mulla Committee:
- Setting up an All India Service called the Indian Prisons & Correctional Service for fostering a more inclusive and equitable approach within the prison system.
- National Commission for Prisons to function as a specialized advisory body for all prison and allied matters.
- Independent and regular inspection of prisons: Can be a very effective tool in improving conditions of prisons
- All state governments should amend outdated prison manuals and adopt the Model Prison Manual of 2016.
- Sensitization policies that prohibit discrimination and harassment within the prison environment.