Model Prison Manual amended to end caste-based discrimination

| Updated: 02 January, 2025 10:34 am IST

The recent amendment to the Model Prison Manual, following the Supreme Court’s landmark verdict against caste-based discrimination, marks a significant step towards ensuring justice and equality within India’s correctional system. This move, mandated by the Supreme Court’s October 3 judgment in Sukanya Shantha vs Union of India, addresses the deeply entrenched discriminatory practices that have long plagued our prisons.

 

Caste-based discrimination is a pervasive issue in India, affecting various aspects of life, including the criminal justice system. The Supreme Court’s directive to revise the jail manual within three months underscores the urgency of eradicating these discriminatory practices. The Ministry of Home Affairs’ swift action to amend the Model Prison Manual, 2016, and the Model Prisons and Correctional Services Act, 2023, is commendable.

 

The amendments explicitly prohibit any form of discrimination, classification, or segregation of prisoners based on their caste. This includes ensuring that prisoners are not discriminated against in the allotment of duties or work within the prison. Additionally, the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, will now have a binding effect in prisons, ensuring that manual scavenging or hazardous cleaning of sewers or septic tanks inside prisons is strictly prohibited.

 

This move is a crucial step towards upholding the constitutional rights of marginalized communities, including Scheduled Castes, Scheduled Tribes, and de-notified tribes, who have historically faced systemic discrimination within the prison system. By addressing these issues, the government is taking a significant stride towards creating a more just and equitable society.

 

Furthermore, the Supreme Court’s criticism of the classification of habitual offenders, particularly the targeting of de-notified tribes, and its directive to remove references to habitual offenders in prison manuals, is a progressive step. This move challenges colonial-era stereotypes and ensures that individuals are not unjustly labeled and discriminated against.

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