Time To End Caste Based Discrimination In Prisons In India: A Significant Law Reform In Response To The Directions Of The Supreme Court

Abstract

In the wake of recent order of the Supreme Court on the issue of caste-based discrimination of prisoners, 'Model Prison Manual, 2016' and the 'Model Prisons and Correctional Services Act, 2023' have been amended. As per the new addition in the manual, the prison authorities will have to strictly ensure that there is no discrimination, classification, segregation of prisoners on the basis of their caste. It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty or work in prisons on the basis of their caste. Changes have also been made in the 'Miscellaneous' of the Model Prisons and Correctional Services Act, 2023 with a new heading 'Prohibition of caste-based discrimination in Prisons and Correctional Institutions' as Section 55(A).

This paper attempts to give an overview on the issue of caste based discrimination of prisoners in India and make a thorough analysis how various State prison manuals sanction blatantly unconstitutional practices, which are violative of Articles 14, 15, 17, 21, and 23 of the Constitution of India. The study also touches upon the provisions of 'The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013' which shall have a binding effect even in prisons and correctional institutions. The paper talks about the significant changes made in Indian legislation following the directions of the apex court in the case Sukanya Santha v. Union of India 2024.