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Caste-based Division of Labour in Prison

  • The Supreme Court declared the caste-based division of labour in prisons as “unconstitutional,” striking down provisions in various State prison manuals for violating the fundamental rights of prisoners.
  • The court was hearing a PIL filed by Journalist Sukanya Shantha highlighting provisions in prison manuals of states like Tamil Nadu, Kerala, and Maharashtra, which reinforced caste inequalities.
  • Assigning menial duties to lower castes. E.g. latrine duties to specific lower-caste communities.
  • The segregation of castes in barracks.
  • Colonial Stereotypes in Prison Manuals: Prison rules labelled certain marginalised communities as “habitual offenders” and restricted their roles in prison based on caste.
  • Violation of Fundamental Rights:
  • Article 14 and 15: The court ruled that caste as a basis for assigning prison duties violated Article 14 (equality before the law) and Article 15(1) (prohibition of discrimination).
  • Article 17: Assigning menial tasks to marginalized castes while reserving cooking and other roles for higher castes constitutes direct discrimination and untouchability, violating Article 17.
  • All states and union territories were directed to amend their prison manuals within three months to eliminate discriminatory practices.
  • The court also ordered reforms in the Union government’s Model Prison Manual, 2016, and the Model Prisons and Correctional Services Act, 2023.
  • District legal services authorities and boards of visitors were tasked with ensuring compliance through regular inspections.

Dig Deeper: Read about major reforms brought in Model Prison Manuel, 2016.

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