Caste-based labour division in prisons is unconstitutional: Supreme Court

Asking the marginalised to clean and sweep 'while allowing the high castes to do cooking' is discriminatory, it says

The Supreme Court has declared caste-based division of labour in prisons as unconstitutional. A Bench headed by the Chief Justice of India, D Y Chandrachud, on October 3 nullified several provisions of state prison manuals, deeming them violative of fundamental rights.

The court said that assigning the work of cleaning and sweeping to marginalised castes and “allowing the high castes to do cooking directly discriminates... an instance of direct discrimination under Article 15(1)” of the Constitution.

It highlighted instances where segregation of prison work is based on caste-related prejudices. It pointed out that Rule 404 of the West Bengal Jail Code permits appointing a convict as a night guard only if “he does not belong to any class that may have a strong natural tendency to escape, such as men of wandering tribes.”

 

The court observed that the vague definition of ‘habitual offenders’ perpetuates caste-based hierarchies in prisons. In Kerala, Tamil Nadu and Andhra Pradesh, individuals can be classified as habitual criminals “even in the absence of any prior conviction.”

Caste-based discrimination is not the only issue in prisons. There are allegations of lack of oversight, inhumane attitudes of the authorities and irrational application of laws.

Recently, under the Punjab and Haryana High Court’s direction, a first information report (FIR) was registered against unknown persons regarding an interview given by notorious gangster Lawrence Bishnoi from Jaipur Central Jail. According to a Times of India report, 70 per cent of extortion calls in Rajasthan are linked to the Bishnoi gang, despite his long-term imprisonment. Authorities' lack of oversight has enabled criminal activities to continue even from high-security prisons.

Another example of inadequate action by authorities was seen when rival gang members in Delhi’s Tihar Jail killed gangster Sunil Balyan, alias Tillu Tajpuriya. CCTV footage showed police personnel standing by without intervention while Tajpuriya was being stabbed.

The irrational application of norms is another problem. Frequent parole granted to Dera Chief Gurmeet Ram Rahim, convicted of rape and murder, under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, particularly during elections, has raised concerns.

Experts also highlight the increasing politicisation of prisons, where influential figures are often given special facilities.

The central government has attempted to bring reforms to prisons through the Model Prisons Act, 2023, which aims to improve jail administration by prioritising the rehabilitation and reformation of inmates.

However, as ‘prisons’ fall under the State List in the Seventh Schedule of the Constitution of India, the onus for reform lies with the state governments.