Mumbai: July 12: The Supreme Court of India has raised concerns over caste-based discrimination in Indian jails and indicated plans to direct the Ministry of Home Affairs to appoint a nodal officer to address these issues.
The court was hearing a public interest litigation (PIL) filed by journalist Sukanya Shanta from The Wire. Her investigation revealed that several states’ jail manuals promote caste-based discrimination, particularly in the allocation of work within prisons.
The bench, which included Justices J.B. Pardiwala and Manoj Mishra, pointed out that some provisions in state jail manuals were “deeply troubling.” The court has reserved its final decision on the PIL.
In January this year, the bench had issued notices to over 15 states, asking them to respond to the unconstitutional provisions in their jail manuals. However, aside from the central government, only four states — Jharkhand, Odisha, Tamil Nadu, and Uttar Pradesh — have submitted their responses. Most responses either denied the prevalence of caste-based discrimination or justified their discriminatory practices.
The Ministry of Home Affairs had issued an advisory on February 26, urging states and union territories to ensure that their jail manuals do not segregate or assign duties to prisoners based on caste or religion. The advisory stressed the need to amend or remove any discriminatory provisions from the manuals.
As part of the “Barred: The Prison Project” series, in partnership with the Pulitzer Center on Crisis Reporting, Sukanya Shanta’s report highlighted how jail manuals in various states allocate prisoners’ work based on caste. Ajay Kumar (name changed), who experienced caste discrimination in prison, shared with the reporter that caste determined everything in jail.
Sukanya’s report underscored that caste-based labor is institutionalized in many states’ jail manuals. These colonial-era regulations, dating back to the late 19th century, have seen little to no revision, particularly in sections pertaining to caste-based labor. While each state has its specific jail manual, they largely draw from the Prisons Act of 1894.
These manuals detail every activity, from the weight of food to the space per prisoner and punishments for indiscipline. Ajay’s experience aligns with the provisions of the Rajasthan Jail Manual, which designates kitchen and medical supervision as tasks for higher castes, while sweeping and cleaning are relegated to lower castes.
For instance, the jail manual states, “Any Brahmin or any sufficiently high caste Hindu prisoner is eligible for employment as a cook.” Similarly, Part 10 of the manual, titled “Employment, Instruction and Control of Convicts,” echoes the Prisons Act, Article 59 (12): “Sweepers shall be selected from among those who, by tradition in their district of residence or by occupation, perform the work of sweepers… No other prisoner shall be compelled to perform this duty unless they volunteer.”
However, the manual remains silent on the consent of the so-called “sweeper community.”
This critical issue highlights the need for reform to eliminate caste-based discrimination in Indian jails and uphold the constitutional promise of equality.
