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Segregation of work in prisons on the basis of caste unconstitutional: Supreme Court

The Supreme Court on Thursday declared that caste-based discrimination of prisoners, segregation of manual work among them according to caste-hierarchy and treatment of inmates from the denotified tribes as “habitual offenders” within the four walls of jails across India were oppressive to fundamental human dignity and personality.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said “everyone is born equal” and cannot suffer lifelong due stigma attached to their caste.

The judgment struck down caste-based discrimination within prison walls as unconstitutional and directed the immediate rewriting of prison manuals.

Chief Justice Chandrachud said members of denotified tribes should not be subject to arbitrary arrest and detention. The Chief Justice said the act of not providing dignity to prisoners was a “relic of colonialism”.

The court said States would be held accountable for discriminatory practices within prison walls. Prison manuals institutionalising caste-based distribution of work to prisoners blatantly disregards constitutional ethos. These manuals and practices suggest inherent bias to members of marginalised communities. The judgment authored by the Chief Justice observed that caste cannot be used a tool for discrimination against the oppressed classes.

Segregation of prisoners on the basis of their caste and assigning them stereotypical work affect their rehabilitation, and “reduces individual persons to a group identity”.

The court said the assignment of “honourable work” like cooking in prison kitchens to certain castes and “undesirable work” to members of lower castes amounts to untouchability. Such segregation of work was based on a colonial understanding of India’s caste system.

The judgment said references like “scavenger” to identify certain castes amounted to untouchability. “Nobody is born a scavenger,” the Supreme Court said.

The court said prison manuals which brand denotified tribes as a “criminal class” only work to reinforce colonial prejudices. These manuals “perpetuate marginalisation or exclusion of entire communities”. The judgment was based on a petition filed by journalist Sukanya Shantha, represented by senior advocate S. Muralidhar and advocate Prasanna S.