SC issues notice to Centre, states on PIL alleging caste discrimination in jails

The petition highlighted a few instances from Madhya Pradesh, Delhi and Tamil Nadu jails, where cooking was undertaken by dominant castes while sweeping and other menial jobs such as cleaning toilets were to be undertaken by “specific lower castes”

The Supreme Court on Wednesday issued notice to the Centre and 11 states on a public interest litigation (PIL) which alleged caste-based discrimination and segregation of prisoners in jails and sought a direction to repeal provisions that mandate such practices under the state prison manuals.

(Representative Photo)

The petition filed by journalist Sukanya Shantha, was based on a report compiled by the petitioner in 2020 alleging caste-based discrimination being perpetrated through jail manuals.

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said, “This raises an important issue,” as it asked solicitor general Tushar Mehta to assist the Court on behalf of the Centre.

Senior advocate S Muralidhar, who argued the petition along with advocate S Prasanna, showed how work was allocated in prisons depending on the prisoner’s caste.

The petition highlighted a few instances from Madhya Pradesh, Delhi and Tamil Nadu jails, where cooking was undertaken by dominant castes while sweeping and other menial jobs such as cleaning toilets were to be undertaken by “specific lower castes”.

“The caste realities of the carceral system in India entail a range of discriminatory practices, including the division of labour determined based on caste hierarchy and caste-based segregation of barracks. The prison manuals of various states sanction such discrimination and forced labour on the ground of caste,” the petition said.

It also pointed out the separation of Thevars, Nadars, and Pallars, who are allotted different sections in Palayamkottai Central Jail in Tamil Nadu, as a glaring instance of caste-based segregation of barracks.

The inmates face such discrimination soon after they walk inside the prison, Murlidhar said.

“Caste-based labour distribution in the prisons is a relic of colonial India...Since allotment of caste-based labour is humiliating and unhealthy, it goes against prisoners’ right to life with dignity,” said the petition.

“It is most untenable that a prisoner’s caste identity and social status are used to burden them with degrading labour and unequal treatment in a free and democratic country,” the petitioner submitted.

The petition further says that the 2003 Model Prison Manual clearly states that classification should be done based on security, discipline and institutionalised program. Additionally, no classification based on socio-economic status, caste or class may be attempted.

SG Mehta told the Court that he had heard about segregation in jails based on convicts and undertrials. “...But if this (caste-based segregation) is there, this cannot be accepted.”

The bench, also comprising Justice JB Pardhiwala and Justice Manoj Mishra after hearing the case, issued notice to 11 states– UP, Odisha, Jharkhand, Kerala, West Bengal, Madhya Pradesh, Andhra Pradesh, Maharashtra, Telangana, Punjab and Tamil Nadu, besides the Centre in this regard and also sought response.