Supreme court sets a three-month deadline for Central and State governments to revise outdated prison laws that perpetuate caste-based segregation and forced labor.
New Delhi, October 5, 2024 — In a groundbreaking judgment aimed at eliminating caste-based discrimination in Indian prisons, the Supreme Court on Thursday declared the segregation of prisoners based on caste, as well as the assignment of menial tasks according to caste hierarchies, unconstitutional. The court also condemned the designation of inmates from de-notified tribes (DNTs) as “habitual offenders,” calling it a violation of fundamental human dignity.
A three-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, delivered the historic ruling, marking a crucial step towards dismantling the caste-based inequities that have persisted in India’s prison system for decades.
Three-Month Deadline for Revising Prison Laws
In its judgment, the Supreme Court ordered the Central and State governments to revise their prison manuals within three months. The court directed the removal of the ‘caste column’ from prison records and mandated that all references to caste be eliminated from the registers of undertrial and convicted prisoners.
Additionally, the Union government was specifically instructed to update the Modern Prison Manual of 2016 and the Model Prisons and Correctional Services Act of 2023. These changes must ensure that all traces of caste-based discrimination are removed from Indian prison regulations and practices.
Caste Discrimination Violates Constitutional Rights
In a strong statement, Chief Justice Chandrachud authored the judgment, declaring that caste-based discrimination in prisons amounts to a form of “untouchability,” which is prohibited under Article 17 of the Indian Constitution. The judgment also noted that such practices infringe upon the constitutional rights to equality (Articles 14 and 15) and the right to dignity under Article 21.
While the verdict is widely seen as a significant step forward, it also serves as a sobering reminder of Dr. B.R. Ambedkar’s warnings during the Constituent Assembly debates. Ambedkar, the principal architect of India’s Constitution, lamented that while the country had achieved political democracy, social democracy remained elusive. He identified the caste system as one of the most significant barriers to achieving true equality in India. The court, in its judgment, echoed these concerns, expressing regret that caste-based discrimination continues to afflict Indian institutions more than seven decades after independence.
Forced Labor and Caste-Based Work Assignments
The court voiced particular concern over the forced labor imposed on marginalized caste inmates, who are often coerced into performing degrading tasks like sweeping and cleaning latrines solely based on their caste identity. The judgment explicitly stated that this practice violates Article 23 of the Constitution, which prohibits forced labor.
The judgment also emphasized that work assignments in prisons should be based on objective factors, such as an inmate’s aptitude, their accommodation requirements, and any special medical or psychological needs. Rehabilitation, not caste-based segregation and labor, should be the primary objective of the prison system, the court noted.
Abolishing the Term “Scavenger Class”
A critical part of the ruling was the court’s rejection of the term “scavenger class,” a label found in some prison manuals, which referred to lower-caste inmates assigned to tasks like manual scavenging and cleaning. The court pointed to the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which outlaws these practices and stressed that this ban must also be upheld within the prison system.
“No social group is born as a ‘scavenger class.’ This label has been imposed on individuals based on caste-based notions of purity and pollution,” the court declared, condemning the reinforcement of caste hierarchies through these labor practices.
Historical Context: India’s Caste System and Social Inequality
India’s caste system, believed to be more than 3,000 years old, divides Hindus into different social groups based on birth. This hierarchical system is based on the concept of “varna” (literally meaning “color”), with four main classes: Brahmins (the priestly class), Kshatriyas (ruling, administrative, and warrior class), Vaishyas (artisans, tradesmen, farmers, and merchants), and Shudras (manual laborers).
In addition, there are groups outside the system, including Dalits, formerly known as “untouchables,” and tribal communities who have historically been marginalized. These caste divisions continue to influence Indian society, including its prison systems, where caste-based segregation and labor assignment remain entrenched.
Addressing Colonial-Era Biases
The Supreme Court also criticized the continuing influence of colonial-era biases in modern prison laws. The court observed that both the Modern Prison Manual of 2016 and the Model Prisons and Correctional Services Act of 2023 still contained discriminatory provisions, such as the allocation of kitchen and cooking duties based on caste and religion. The court stressed that these outdated laws must be thoroughly reviewed and revised.
Another critical aspect of the judgment was the elimination of the “habitual offender” designation for members of de-notified tribes (DNTs). These communities, labeled as “criminal tribes” during British rule, continue to face systemic bias within the justice system. The court called for an urgent review of these colonial-era laws, arguing that they have no place in a constitutional democracy.
Petition and the Role of Investigative Journalism
The Supreme Court’s ruling followed a petition filed by journalist Sukanya Shantha, whose investigative reporting had revealed the ongoing caste-based discrimination and forced labor in prisons. Her petition highlighted discriminatory provisions in prison manuals from over ten states, including Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu, and Kerala.
Among the most egregious examples was the segregation of Thevars, Nadars, and Pallars in separate sections at Palayamkottai Central Jail in Tamil Nadu. The court found such practices unconstitutional and reinforced that such caste hierarchies should be eradicated.
Arbitrary Arrests of Denotified Tribes
The court also addressed the systemic abuse faced by de-notified tribes (DNTs), who have long been stigmatized by laws branding them as “habitual offenders.” During British colonial rule, these tribes were listed as “criminal tribes,” and they continue to face arbitrary arrests and discrimination. In its ruling, the court emphasized the importance of upholding procedural safeguards, referencing landmark cases like Arnesh Kumar v. State of Bihar (2014) and Amanatullah Khan v. Commissioner of Police, Delhi (2024). These rulings stress the importance of preventing arbitrary arrests and ensuring that members of DNT communities are treated fairly under the law.
A Historic Victory for Human Rights
The Supreme Court’s judgment is a major milestone in the fight against caste-based discrimination, both within and outside the prison system. By declaring these practices unconstitutional, the court has reaffirmed India’s commitment to upholding the dignity and equality of all citizens, regardless of caste or creed.
To ensure compliance, the court has taken suo motu cognizance and will monitor the implementation of its orders. The states and Union territories are required to submit compliance reports in the coming months to demonstrate the eradication of caste-based discrimination within their prison systems.
This historic ruling signals a new era for India’s prison system, aligning it with constitutional mandates and affirming the nation’s commitment to justice, equality, and human rights.
