“Humare saath kutton ki tarah bartav kartein hein, hume humesha dhutkarte rehte hein aur apne paas nahi baithate” (They treat us like dogs, always condemn us and do not allow us to sit near them.)
During a visit to one of the prisons in Punjab, Asha (name changed), an undertrial prisoner talked to me about the degrading treatment she received from fellow women inmates. She described it as worse than that meted out to dogs. This, she further
“Humare saath kutton ki tarah bartav kartein hein, hume humesha dhutkarte rehte hein aur apne paas nahi baithate” (They treat us like dogs, always condemn us and do not allow us to sit near them.)
During a visit to one of the prisons in Punjab, Asha (name changed), an undertrial prisoner talked to me about the degrading treatment she received from fellow women inmates. She described it as worse than that meted out to dogs. This, she further added, is only because she belongs to a “Scheduled Caste” and was a ragpicker. She said she is loathed by other inmates to the extent that no one even wants to sit beside her. Despite being an undertrial, Asha is also made to do menial work inside the prison like washing utensils in the kitchen.
This is one of the several often unreported incidents of caste-based discrimination that prisoners face in jails across India. A specific study we conducted at the Commonwealth Human Rights Initiative (CHRI) on the condition of prisons in Punjab, brought to light the above incident.
CHRI’s in-depth reports on the condition of prisons in Haryana and Punjab were cited by journalist Sukanya Shantha in her investigative report on 'Caste-based discrimination and division of labour inside prisons in India’. She has now filed a PIL on this issue in the Supreme Court.
The first set of orders passed by the apex court in this matter is a welcome step to check the practice of caste-based discrimination inside prisons.
The court has sought responses within four weeks from 11 states where the jail manuals still sanction caste discriminatory practices within prisons. Responses have also been sought from the Union home ministry and the Academy of Prisons and Correctional Administration, Vellore.
Ground report
CHRI’s studies of prison conditions in Haryana and Punjab throw light on the common practice of inmates with better means and regular family contact getting their personal work and prison authorities getting other menial prison work done by inmates who come from lower socio-economic backgrounds.
Once incarcerated, prisoners not only rely on emotional support but also financial assistance from their families. Within the prison walls, inmates are responsible for covering expenses such as PCO services for communication with lawyers and family, as well as prison canteen purchases for daily essentials like oil, toothpaste, and detergent.
There are many inmates who either have limited family contact or no contact at all. Often for months, they are unable to meet family members for prison “mulaqaats” or meetings. These inmates struggle as they have access to minimal or even no financial resources.
Consequently, those without family visits find it challenging to access essential facilities like the canteen or PCO services, prompting them to engage in labour for fellow inmates. The work involves cleaning barracks, washing clothes and utensils of other inmates, and even cleaning bathrooms and toilets as most of the jails do not have dedicated staff for these duties. In such scenarios, lawyer fees are also managed by inmates themselves.
Discriminatory jail manuals
It is crucial to recognise that prisons are under the jurisdiction of individual states, each governed by its specific prison manual. Unfortunately, many of these manuals are dated and discriminatory, especially concerning the division of labour based on caste and class. The PIL filed in the Supreme Court reveals the presence of discriminatory provisions in the prison manuals of more than 10 states.
In the landmark case of Sunil Batra vs the Delhi Administration, the Supreme Court upheld that, “fundamental rights do not flee the person as they enter prisons”. Thus, Constitutional Guarantees of equality and non-discrimination under Articles 14,15,17, 21 and 23 extend to prisoners and it squarely places an obligation on every prison administration to upload these rights. The outdated prison manuals that continue to have discriminatory rules violate the constitutional guarantees of dignity and equal treatment.
CHRI's study points out that while on one hand, the Punjab Jail Manual lays down safeguards against undue interference in religious and caste matters of individual inmates, on the other, it uses discriminatory language. Under Rule 748, it is stated that “if there are no female prisoners of suitable caste for conservancy work, paid sweepers shall be taken into the female enclosure” and Rule 636 states that “Sweepers shall be chosen from Mehtar or similar caste”. Even after amendments to the Punjab jail manual in 2021, these caste-discriminatory provisions have not been done away with.
Issues of class and caste inequalities among inmates are significantly more pervasive within prison walls. These problems often remain unreported due to the inherently closed nature of the prison institution. The very nature of incarceration leaves the inmates at the mercy of the prison authorities with little recourse to external fora of grievance redress. In the absence of adequate legal representation this means, they are completely at the mercy of the jail authorities who go by antiquated jail manuals.
What needs to be done
At the onset, all states should pro-actively amend their respective jail manuals and remove discriminatory rules. It is crucial for the concerned authorities, particularly prison departments and legal service authorities, to promptly identify and address instances of discrimination within prisons. A board of visitors for prisons, consisting of official and non-official visitors, must be constituted in all states for external monitoring of prisons.
Another set of measures should include providing inmates with essential items regularly, minimising the need for them to work for others to access such necessities from prison canteens. Additionally, prison authorities should appoint sweepers and cleaning staff in all prisons.
Sabika Abbas is Programme Officer, Commonwealth Human Rights Initiative, New Delhi. The views expressed are personal
One Subscription.
Get 360° coverage—from daily headlines
to 100 year archives.
Archives
HT App & Website