The Supreme Court on Thursday (October 3, 2024) declared that caste-based discrimination of prisoners, segregation of manual work among them according to caste-hierarchy and treatment of inmates from the denotified tribes as “habitual offenders” within the four walls of jails across India were oppressive to fundamental human dignity and personality.A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said “everyone is born equal” and cannot suffer lifelong due stigma attached to their caste.The judgment struck down caste-based discrimination within prison walls as unconstitutional and directed the immediate rewriting of prison manuals.Chief Justice Chandrachud said members of denotified tribes should not be subject to arbitrary arrest and detention. The Chief Justice said the act of not providing dignity to prisoners was a “relic of colonialism”. The court said States would be held accountable for discriminatory practices within prison walls. Prison manuals institutionalising caste-based distribution of work to prisoners blatantly disregards constitutional ethos. These manuals and practices suggest inherent bias to members of marginalised communities The judgment authored by the Chief Justice observed that caste cannot be used a tool for discrimination against the oppressed classes. Segregation of prisoners on the basis of their caste and assigning them stereotypical work affect their rehabilitation, and “reduces individual persons to a group identity”. ‘Segregation of work based on colonial understanding’The court said the assignment of “honourable work” like cooking in prison kitchens to certain castes and “undesirable work” to members of lower castes amounts to untouchability. Such segregation of work was based on a colonial understanding of India’s caste system. The judgment said references like “scavenger” to identify certain castes amounted to untouchability. “Nobody is born a scavenger,” the Supreme Court said. The court said prison manuals which brand denotified tribes as a “criminal class” only work to reinforce colonial prejudices. These manuals “perpetuate marginalisation or exclusion of entire communities”. The judgment was based on a petition filed by journalist Sukanya Shantha, represented by senior advocate S. Muralidhar and advocate Prasanna S. \nEnd caste, religion-based discrimination in prisons: CentreThe apex court had found that prison manuals in more than 10 States, including Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu and Kerala, contained provisions which sanction discrimination and forced labour on the ground of caste in prisons.“Dalits even have a separate ward in prisons… Despite changes in the prison manuals, caste discrimination continues. These provisions in the prison manuals of the States should be repealed,” Mr. Muralidhar had submitted. The petition cited how the Rajasthan Prison Rules 1951 had assigned Mehtars to the latrines while the Brahmins or “sufficiently high caste Hindu prisoners” to the kitchens. “The separation of Thevars, Nadars, Pallars who are allotted different sections in Palayamkottai Central Jail in Tamil Nadu provides a glaring instance of caste-based segregation of barracks,” the petition by Ms. Shantha, whose report on the issue was part of a grant from the Pulitzer Center. In another instance, the petition had said the West Bengal Jail Code laid down that prisoners from the Mether or Hari caste, Chandal or other castes, would perform menial tasks like sweeping, etc. The petition had said a person should not be deprived of his or her fundamental rights or the equality code merely for being a prisoner. Published - October 03, 2024 12:03 pm IST\nRead Comments \nCopy link\n\nEmail\n\nFacebook\n\nTwitter\n\nTelegram\n\nLinkedIn\n\nWhatsApp\n\nReddit\nREAD LATER\nRemove\n\nSEE ALL\nPRINT\nRelated Topics\n\nprison\n\n/\n\nlaws\n\n/\n\njustice and rights\n\n/\n\ndiscrimination\n\n/\n\nCaste\n