INTRODUCTION:
The caste system is deeply ingrained in Indian society and affects many facets of daily life; regrettably, jails are not exempt from these structural injustices. The ongoing caste-based discrimination and segregation in the Indian jail system have come to light as a result of a recent Public Interest Litigation (PIL) filed with the Supreme Court of India. As we go deeper into this topic, we examine the many aspects of caste-based discrimination in Indian jails, including abuses of inmates’ fundamental rights and entrenched caste hierarchies, as well as the necessity of legislative reforms to end such practices.
It has already been determined that caste discrimination is unlawful. However, as of 2024, it is still evident that jail manuals outline the exact tasks that members of certain castes are expected to perform. For instance, a Brahmin prisoner will be responsible for cooking, while Dalit inmates will be required to perform menial tasks like cleaning. When we completed this piece, the Rajasthan High Court had taken suo motu cognisance. We realized that if we must bring this up at the federal level, we must figure out how to get the court to take action because if we don’t, the states won’t take it seriously.
Discrimination based on caste has always existed in Indian jails. Its origins lie in the management of colonial prisons when caste systems were consistently applied to uphold discipline and order. The jail system under the British administration was created to mirror the larger social structure, with various prisoner classes receiving treatment according to their caste and social standing. The colonial rulers separated inmates according to their caste backgrounds because they saw caste as an easy way to compel cooperation inside the jail system. Caste-based segregation and labour division within the jail system were firmly established by British-era prison statutes, particularly the “Prisons Act of 1894.” Lower caste inmates were given menial labour like manual scavenging and toilet cleaning, while upper caste inmates were given less taxing or more socially acceptable professions like kitchen work. Prison management is still influenced by these techniques, which were eventually formalized in state prison manuals.
CASTE DISCRIMINATION IS PERSISTING IN STATE PRISON MANUALS
Discriminatory practices in prisons are not isolated incidents; rather, they are frequently institutionalized via state prison manuals that codify labour assignments based on caste. Caste-based job distribution is expressly required in the jail manuals of some states. For example, Mehtars, a historically disadvantaged group, are sent to clean latrines, while Brahmins are assigned to culinary tasks under the 1951 Rajasthan Prison Rules. Caste-based prejudice is further ingrained in the jail administration system by similar practices seen in the West Bengal Jail Code, which allocates menial duties like sweeping for particular castes.
The colonial heritage of caste-based segregation, which has been perpetuated down the centuries with little to no attempt to end these inhumane practices, is reflected in these guides. In addition to violating the inmates’ dignity, they also violate their fundamental rights as citizens of India. Prison regulations still impose a caste-based division of labour notwithstanding the Indian Constitution’s ban on caste discrimination.
CASTE AND COLONIAL LEGACIES IN PRISON SYSTEMS
Discrimination in prisons based on caste has its origins in colonial times. Many areas of jail management are still governed by the antiquated “Prisons Act of 1894,” which prioritizes punishment above rehabilitation. This law, which is over 130 years old, disregards the need for rehabilitation and the dignity of inmates, especially those from underrepresented castes. Caste-based prisoner segregation was a colonial strategy meant to preserve discipline and order, but it has since continued to marginalize poorer castes inside these establishments.
The Ministry of Home Affairs created the newly adopted “Model Prisons Act, 2023,” which attempts to guarantee the human rights and dignity of convicts while also reforming prison regulations. Although this act has potential, it is unclear if it will be successfully implemented. Legislative intentions and the actual treatment of convicts still differ greatly, particularly when it comes to forced labour and caste-based segregation.
CURRENT PRISON CASTE DISCRIMINATION INCIDENTS
These colonial traditions are still in place in contemporary India, as demonstrated by the recent PIL that was filed with the Supreme Court. It draws attention to several cases of caste-based discrimination from different states, such as Madhya Pradesh, Tamil Nadu, Delhi, and West Bengal, where inmates are still divided into caste-based work divisions and segregated according to their caste
Madhya Pradesh: While inmates from dominating castes are given cooking responsibilities in many jails, inmates from lesser castes are made to perform menial labour like sweeping and cleaning.
Tamil Nadu: Caste-based segregation is formally enforced in Palayamkottai Central Jail. The segregation of inmates from castes like Thevars, Nadars, and Pallars reinforces the concept of caste-based purity and impurity even inside the jail setting.
West Bengal: According to the prison handbook, inmates belonging to the Mehtar or Hari caste are specifically given sweeping duties, whilst Brahmins and other members of the ruling caste are given less demeaning assignments. The handbook protects the upper-caste inmates’ exclusive control over culinary work.
Legal Structure and Difficulties
- Older Prison Guidebooks: The persistence of antiquated jail guidelines that condone caste-based discrimination is one of the main problems maintaining it. For instance, Mehtars are specifically given cleaning duties while Brahmins are given culinary duties under the 1951 Rajasthan Prison Rules. Similar to this, the West Bengal Jail Code requires a division of labour based on caste, assigning menial jobs to particular castes. These jail guides have not been sufficiently updated to reflect contemporary constitutional principles of equality and decency, and they are remnants of a colonial mindset that upholds caste-based segregation.
- The Prisons Act of 1894: Many Indian states still administer their prisons under the Prisons Act of 1894, which was created with a punitive rather than a rehabilitative goal in mind. Provisions to guarantee inmates’ dignity and shield them from caste-based prejudice are absent from this Act. It also doesn’t have any structure for reforming and rehabilitating inmates, which is essential for their reintegration into society. Due to the Act’s inability to address these problems, discriminatory practices in the prison system have continued.
- The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013: While the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act of 2013 outlaws the practice of manual scavenging, it does not explicitly cover prison administration. As a result, prison systems that continue to assign manual scavenging tasks to lower-caste prisoners are not technically violating this Act, leaving prisoners vulnerable to exploitation and discrimination. This loophole highlights the inadequacy of current legal protections in addressing caste-based discrimination within prisons.
Caste in modern laws
Even the “progressive and robust” Model Prisons and Correctional Services Act of 2023 and the Union government’s Modern Prison Manual of 2016 assign varying ratings to “habitual offenders,” the majority of whom belong to de-notified tribes, along with rapists, murderers, prostitutes, and brothel owners. According to caste and religion, these statutes apportion culinary and kitchen responsibilities in jails. In jails, caste-based benefits are still permitted.
Within three months, the court ordered the Union government to amend the 2016 Manual and the 2023 Act to eliminate caste-based discrimination. Journalist Sukanya Shantha’s petition served as the basis for the ruling. The top court discovered that prison handbooks in over ten states—including Tamil Nadu, Kerala, Maharashtra, West Bengal, Odisha, and Uttar Pradesh—contained clauses that permitted caste-based discrimination and forced labour in correctional facilities.
One such “glaring instance of caste-based segregation of barracks,” as the petition had noted, was the division of Thevars, Nadars, and Pallars in various areas of the Palayamkottai Central Jail in Tamil Nadu.
CONCLUSION:
Discrimination in Indian jails based on caste is a reflection of the larger socioeconomic injustices that still exist in Indian society. Rather than serving as a place for rehabilitation, the jail system frequently serves to further degrade underprivileged groups and strengthen caste inequalities. There is some hope for reform because of the recent PIL before the Supreme Court and legislative initiatives like the Model Prisons Act of 2023. However, it will need coordinated measures, including court intervention, legislative action, and cultural reform, to achieve a caste-neutral jail system.
Destroying the institutional frameworks that permit caste prejudice to continue in jails is crucial for significant transformation. This entails revising prison manuals, making sure progressive legislation is implemented effectively, setting up strong monitoring systems, and encouraging jail personnel to become more caste aware. Developing a jail system that respects the rights and dignity of all inmates, irrespective of their caste, would need a thorough and persistent effort.
Author(s) Name: Jyotirmay Nirankari (Lloyd School of Law, Greater Noida, Uttar Pradesh)
