New Delhi: In a landmark judgment, the Supreme Court on Thursday ruled that caste-based discrimination in prisons was unconstitutional and struck down provisions in several state prison manuals that assigned jobs to inmates based on their caste.
A bench headed by Chief Justice of India (CJI) D Y Chandrachud said that such practices violate Article 15 of the Constitution, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
“Everyone is born equal; there cannot be any stigma attached to caste,” the top court said.
It was “sad” that even after 75 years of independence, caste-based discrimination remains ingrained in society, the bench observed.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, instructed the removal of ‘caste’ column and any reference to caste from prisoners’ registers.
Ordering states to amend their prison manuals within three months, the CJI warned they would be held liable for any continued caste-based discrimination in prisons.
To clarify the discrimination, the bench said that assigning menial tasks like cleaning and sweeping to lower castes while reserving cooking for higher castes is a violation of the constitution, and leads to unfair division of labour in prisons which cannot be permitted.
“All such provisions (enabling caste discrimination) are held to be unconstitutional. All states are directed to make changes in accordance with the judgment,” the Supreme Court order stated.
“Segregating prisoners on the basis of caste will reinforce caste discrimination… segregation will not facilitate rehabilitation.. Not providing dignity to prisoners is a relic of the colonial system,” said Justice Chandrachud.
The court also directed the Union government to make necessary changes in its Model Prison Rules to address caste-based segregation.
The apex court was hearing a petition filed by journalist Sukanya Shantha, who has reported on caste-based discrimination in prison barracks extensively.
During the hearings, she told the bench that there are cases where Dalits are in separate prisons and some other caste in a different area.
