On Wednesday, the Supreme Court (SC) issued a notice to the Central government and 11 states on public interest litigation (PIL) that alleged the caste-based discrimination of the prisoners in jails and asked to revoke provisions that allow such practices under the state’s prison manuals.
A bench headed by Chief Justice of India (CJI) Chandrachud, Justices JB Pardhiwala and Manoj Misra, noted down the submission by the advocates, which include manuals of jails of 11 states that describe the discrimination in allocation of work. Issuing the notice to the centre, the bench asked Solicitor General Tushar Mehta to assist the court in dealing with the issue filed.
Who filed the petition?
Sukanya Shantha, a journalist and resident of Kalyan in Maharashtra filed the petition, which was based on a report that comprises of the caste-based discrimination being executed by the manuals of jail.
“It is most untenable that a prisoner’s caste identity and social status are used to burden them with the degrading labour and unequal treatment in a free and democratic country,” the petitioner submitted.
What does the petition say?
Senior advocate S Murlidhar, who argued the case with advocate S Prasanna, presented how work was allocated to the prisoners based on their caste.
The petition highlighted a few instances from Tamil Nadu, Madhya Pradesh and Delhi jails where cooking was undertaken by the dominant or superior caste while sweeping and other low-grade jobs such as toilet or bathroom cleaning were undertaken by lower castes. In addition, the separation of tasks allotted to different sections showcases caste-based segregation.
“The caste realities of the carceral system in India entail a large range of discriminatory practices…The prison manuals of various states sanction such discrimination…,” the petition said.
Moreover, it’s also pointed out that the allotment of caste-based labour is humiliating and unhealthy as it goes against a prisoner’s right to live life with dignity, as the 2003 Model Prison Manual clearly states that the classification of tasks should not be based on socioeconomic status or castes.
The 2003 Model Prison Manual
The model is a blueprint of India’s correctional facilities that aims to treat prisoners with dignity and promote their reintegration into society. The manual advocated for the classification of prisoners based on the offence, provides gender-specific needs, and mental-health support, avoids caste-based discrimination, etc.
Ultimately, the 2003 manual sought to reform prisons from warehouses of punishment into spaces that foster individuals for second chances. Which, the SC is looking forward to the petition.
Progress on the Petition by SC
After Solicitor General Mehta stated about the caste-based segregation of tasks in the jails. The bench comprises Justice Manoj Misra and Justice JB Pardhiwala, after hearing the cases, issued notice to 11 states including Madhya Pradesh, Odisha, Kerala, U.P, Jharkhand, West Bengal, Andhra Pradesh, Tamil Nadu, Punjab, Telangana and Maharashtra, along with the Centre related to this and looking around for the response.
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