SUPREME COURT VERDICT ON CASTE BIAS, SEGREGATION IN PRISONS

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Context:

The Supreme Court ruled against caste-based discrimination in prisons to uphold the fundamental rights of prisoners.

Highlights of the Supreme Court Decision

The court declared that various jail manuals contain unconstitutional provisions that violate prisoners' rights and enforce discrimination based on caste, especially affecting marginalized communities; Scheduled Castes (SC), Scheduled Tribes (ST), and Denotified Tribes (DNT). The court passed the order for the immediate removal of any caste-related references in prison records.

 The Supreme Court directed all states and Union Territories to update their prison manuals within three months, ensuring that no prisoner is subjected to labour or housing arrangements based on caste. The court directed that the Union government revise the Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 to remove discriminatory provisions.

The court criticized outdated terms, like "scavenger class," noting that no group should be labelled in a way that reinforces stereotypes or social hierarchies. The order emphasized that allocating lowly jobs to specific castes reflects historical injustices and violates constitutional rights, especially Articles 21 (right to life and dignity) and 23 (prohibition of forced labour).

Indian Prisons Challenges

1. Many prisons in India are operating beyond their capacity, the national average occupancy rate is around 130%, with some states having even higher rates. Overcrowding leads to inhumane living conditions, increases violence among prisoners, and hampers rehabilitation efforts.
2. Over 70% of the prisoners are under-trials; prisoners who have not been convicted. Lengthy detention of under-trials violates their right to a speedy trial and also results in overcrowding.  
3. Lack of adequate prison staff affects the administration and security of prisons, insufficient staff leads to poor supervision, increased prisoner violence, and inadequate rehabilitation programs. It also increases work pressure on limited staff, which affects their performance.
4. Inadequate health facilities and poor hygiene standards are common in many prisons, prisoners suffer from various health issues due to inadequate medical care and poor sanitary conditions.  
5. Despite a Supreme Court ruling in 1986 that prohibits custodial torture, Instances of torture, abuse, and discrimination are reported in prisons. Violations of human rights damage the dignity of prisoners and can lead to severe psychological and physical harm.  
6. Lack of effective rehabilitation and vocational training programs, without proper rehabilitation, prisoners are more likely to reoffend after release. Rehabilitation programs are crucial for the reintegration of inmates into society.
7. The specific needs of women prisoners, including healthcare, childcare, and safety, are generally neglected. There are not enough women’s prisons, and many lack facilities designed specifically for women. Women prisoners face unique challenges that require targeted interventions to ensure their well-being and rehabilitation. 

Key committees and their recommendations

Mulla Committee (1980-83)  

1. Modernization of prison infrastructure.
2. Better training and recruitment of prison staff.
3. Establishment of a National Prison Commission to oversee prison administration.
4. Introduction of vocational training and educational programs for prisoners.

Krishna Iyer Committee (1987) 

Stress on the rehabilitation of prisoners.

Alternatives to imprisonment for minor offences.

Improvement in the living conditions of prisoners.

Ensuring the rights and dignity of prisoners.

Justice Amitava Roy Committee (2018) 

1. Lowering overcrowding by expediting trials and granting bail to under-trial prisoners.
2. Improvement in the healthcare facilities within prisons.
3. Introduction of modern technology for better prison management.
4. Regular inspections and audits of prisons to ensure compliance with standards.

Model Prisons Act 2023

1. Security assessment and segregation of prisoners based on their risk levels.
2. Separate wards for women and transgender inmates.
3. Punishment for jail staff involved in misconduct.
4. Introduction of rehabilitation and reintegration programs.

Way Forward

1. Enforcing fast-track courts and alternative dispute resolution mechanisms to expedite the judicial process and reduce the number of under-trial prisoners.
2. Encouraging the use of bail for minor offences and ensuring that under-trials who have served a significant portion of their potential sentence are released on bail, promoting community service for minor offences to reduce the prison population.
3. Upgrading medical facilities within prisons and ensuring regular health check-ups for prisoners. There is a need to provide mental health services and counselling to address the psychological needs of prisoners.  
4. Extending vocational training programs to empower prisoners with skills that can help them find employment after release. Establishing support systems for released prisoners, including job placement services and housing assistance, to facilitate their reintegration into society.
5. There is a need to provide gender-specific facilities for women, including healthcare, childcare, and safety measures. Ensuring that juvenile offenders are housed separately from adult prisoners and have access to education and rehabilitation programs.
6. Implementing the Model Prisons Act, 2023 to modernize prison administration and ensure the rights of prisoners. Need to conduct regular inspections and audits of prisons to ensure compliance with standards and identify areas for improvement.
7. Enforce strict measures against custodial torture and ensure accountability for human rights violations. Conducting awareness programs for inmates about their rights and the available legal remedies.

Must Read Articles: 

PRISON REFORMS

MODEL PRISONS ACT

Source: 

Hindustan Times

PRS

Legal Service India