SC sets aside jail manual for promoting caste-based discrimination

The Supreme Court on Thursday set aside discriminatory provisions of prison manuals of some states while deprecating the practice of caste-based discrimination, distribution of work and segregation of prisoners in separate wards as per their castes.

A bench headed by Chief Justice D Y Chandrachud also issued a slew of directions to stop caste-based discrimination in jails.

Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals, the bench said, adding such practices cannot be allowed.

The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions, it said while ordering that the police will have to work in right earnest to deal with the cases of caste-based discriminations.

The bench said prisoners of certain classes will have the right to get fair distribution of work in jails.

Setting aside the objectionable rules, the top court ordered states to amend them within a period of three months.

The court also said that selection of sweepers from a particular caste is opposed to substantive equality

The apex court had in January this year had sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on a plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra.

It had taken note of the submissions that jail manuals of these states discriminate in the allocation of work inside their prisons and inmates' caste determines the places where they are lodged.

The plea referred to the Kerala Prison Rules and said they lay down a distinction between a habitual and a re-convicted convict, holding that those who are by habit a robber, house breaker, dacoit or thief should be classified and separated from other convicts.

It claimed that the West Bengal Jail Code lays down that work in prison should be designated by caste, such as cooking work will be undertaken by dominant castes and sweeping work shall be undertaken by people from particular castes.