Ending Caste-Based Discrimination in Indian Prisons: The Supreme Court’s Step Toward Justice

Ending Caste-Based Discrimination in Indian Prisons: The Supreme Court’s Step Toward Justice

The Supreme Court of India recently in case of Sukanya Shantha vs Union of India took a groundbreaking step by calling for an end to caste-based discrimination in Indian prisons. In a judgment led by the Chief Justice of India, the Court directed the Centre and state governments to revise their Prison Manuals and eliminate discriminatory language. This order is part of a larger effort to uphold the values of equality and dignity, which are at the core of India’s Constitution.

Caste-Based Discrimination in Prisons

Indian prison systems, unfortunately, still reflect deep-rooted caste prejudices entrenched during colonial rule. Here are some examples from state jail manuals:

- Uttar Pradesh Jail Manual refers to "convicts of the scavenger class"—a dehumanizing reference to certain caste groups.

- West Bengal Jail Code contains provisions stating that "Food shall be cooked and carried to the cells by prisoner-cooks of suitable caste," reinforcing caste segregation in daily prison life.

- Madhya Pradesh Jail Manual classifies de-notified tribal communities (those once labeled as "criminal tribes" during British rule) as habitual offenders, perpetuating colonial-era stereotypes.

- Andhra Pradesh Prison Rules state that prison authorities must "make allowance for caste prejudice," acknowledging and maintaining caste hierarchies in their system.

These examples demonstrate how caste-based discrimination has been embedded in India's prison systems, a legacy of the colonial era.

The Supreme Court’s Response

Recognizing that these practices are unconstitutional and oppressive, the Supreme Court stated that "Not providing dignity to prisoners is a relic of the colonisers", emphasizing that such systems were designed to dehumanize those under state control.

The Court’s order also mandates that the recently drafted Model Prisons and Correctional Services Act, 2023, must include a prohibition on caste-based discrimination in prisons, ensuring no prisoner faces discrimination based on caste. This marks an important step toward eliminating a practice that has persisted for decades.

Why This Judgment Matters

This judgment is a crucial step in ensuring the constitutional values of equality and dignity are upheld within Indian prisons. It also sheds light on the broader process of decolonization—removing colonial-era laws and practices that continue to harm marginalized communities.

The Court’s ruling highlights how institutions like the police and legal system still carry traces of colonial oppression. In Arnesh Kumar v. State of Bihar, the Court observed that the police, despite decades of independence, "has not come out of its colonial image" and is still seen as a tool of harassment and oppression by many.

A Call for Wider Reform

While revising prison manuals is a significant first step, this ruling invites a deeper examination of other public institutions that perpetuate social inequities. The process of decolonization needs to be extended to all aspects of law and governance, ensuring that discrimination in any form is rooted out.

True justice demands that the principles of dignity and equality are applied universally—across prisons, law enforcement, and governance—so that every individual is treated with fairness and respect.

A Step Toward a Fairer Future

This Supreme Court ruling marks an important moment in India's ongoing journey toward equality and justice. By addressing caste-based discrimination in prisons, the Court is leading the charge in ensuring that the constitutional promises of dignity and equality are upheld, not just for some, but for everyone—regardless of their background.


To view or add a comment, sign in

More articles by Khushwant Pawar

Insights from the community

Others also viewed

Explore topics