(MENAFN- Live Mint) Caste-based discrimination in jails: The Supreme Court on Thursday, October 3, said that caste-based discrimination and segregation at prisons is a violation of Article 15. Perhaps, the selection of sweepers from particular caste is entirely opposed to substantive equality, the top court noted.
The Supreme Court bench presided by Chief Justice D Y Chandrachud issued a slew of instructions to bring an end to caste-based discrimination in jails. Decreeing that such discriminatory practices cannot be allowed in jails, the bench said,“Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals."
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The apex court said such practices lead to unfair division of labour in prisons, and type of labour assignment based on caste, etc., cannot be permitted. Setting aside the discriminatory provisions of prison manuals, the court said these“manuals directly discriminate by assigning cleaning and sweeping tasks to lower caste and assigning cooking to higher caste, and it is in violation of Article 15.”
The bench ordered the states to amend the objectionable rules within three months and said,“The prisoners shall not be permitted to undertake cleaning of sewer tanks in hazardous conditions."
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The court said prisoners of certain classes will have the right to get fair distribution of work in jails and mentioned that the police will have to work in right earnest to deal with the cases of caste-based discriminations. The hearing was in response to the plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra which sought prevention of caste-based discrimination and segregation at prisons.
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In January, the top court directed the Centre and 11 states to submit responses in relation to the case including jail manuals of Uttar Pradesh, West Bengal, among others. Taking note of the discriminatory allocation of work inside these states' prisons, it found that inmates' caste determined the places where they are lodged.
Referring to the Kerala Prison Rules, the plea pointed out that it laid down a distinction between a habitual and a re-convicted convict. In case a person is found to be a habitual robber, house breaker, dacoit or thief, the individual should be classified and separated from other convicts, it pleaded.
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