Why in the News?
The Supreme Court has issued directives to the Central and state governments to ensure that no inmate is assigned work or housing based on caste.
The SC deemed such provisions in various prison manuals “unconstitutional,” as they infringe on the prisoners’ rights to dignity, equality, and non-discrimination.
This ruling puts an end to the longstanding practice of caste-based discrimination in prisons and calls for immediate prison reforms across all states and union territories.
Background:
The Supreme Court’s ruling stemmed from a petition filed by a journalist, calling on the court to mandate prison reform manuals and practices that perpetuate caste hierarchies.
The Court’s Verdict:
The ruling specifically targeted discriminatory practices faced by marginalized communities, including Scheduled Castes (SC), Scheduled Tribes (ST), and Denotified Tribes (DNTs), within India’s prisons.
The court condemned the treatment of DNT inmates as “habitual offenders” across the country, stating that such practices are dehumanizing and violate their fundamental dignity.
Violation of Constitutional Rights:
The bench declared that assigning labor based on caste—such as having marginalized castes perform menial tasks like cleaning, while reserving cooking duties for higher castes—violates Articles 14 and 15 of the Constitution, which guarantee equality and non-discrimination.
The practice of assigning food preparation to a “suitable caste” reflects untouchability, which is explicitly banned by Article 17 of the Constitution.
Expansion of Article 21:
The Supreme Court broadened the interpretation of Article 21, emphasizing that caste-based discrimination within prisons stifles personal growth and development.
The court also ruled that assigning menial tasks exclusively to certain castes amounts to forced labor, which is prohibited under Article 23.
Gaps in the Model Prison Manual (2016):
The judgment pointed out significant shortcomings in the Model Prison Manual of 2016, particularly in addressing caste-based segregation and labor division in prisons.
The court criticized the manual for not fully eradicating caste-based practices and for failing to integrate the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013, which outlaws manual scavenging.
The Status of Prison Administration in India:
Prison administration is a crucial component of the criminal justice system, which has seen significant changes over the past century. Society’s perception of convicts has shifted, and so has the purpose of incarceration.
The earlier penal system, which focused on forcibly confining inmates and depriving them of their freedoms as punishment, has evolved. Today, prisons are viewed as correctional facilities, where prison reforms are prioritized over punishing them.
Structure of the Criminal Justice System in India:
The Indian Criminal Justice System consists of institutions responsible for enforcing laws, adjudicating criminal cases, and preventing illegal activities. Prison reform is closely linked to this system.
There are four key components:
- Legislature (Parliament)
- Enforcement (Police)
- Adjudication (Courts)
- Corrections (Prisons and Community Facilities)
Issues Related to Prisons in India:
Several serious issues persist within the Indian prison system, which were highlighted by the Supreme Court in the Ramamurthy v. State of Karnataka judgment.
- Overcrowding: Many Indian prisons are severely overcrowded. Prisons built for a limited number of inmates often exceed their capacity, which strains available resources. For instance, Delhi’s Tihar Jail had over 15,000 inmates in 2020, though it was built for only about 7,000.
- Under-trials:
A large portion of India’s prison population consists of under-trials, who are individuals awaiting trial. According to the National Crime Records Bureau (NCRB), under-trials account for 67.2% of the total prison population. This leads to situations where some under-trials serve longer than they would have if they were convicted. - Pendency of Cases:
As of 2022, over 4.7 million cases remain pending in Indian courts, which exacerbates the issue of prolonged incarceration for under-trials. - Shortage of Staff:
Prison reforms suffer from a lack of staffing and resources, which leads to inadequate security, violence, and other criminal activities within prisons. The ratio of inmates to staff in Indian prisons is approximately 7:1, compared to 2:3 in the UK. - Condition of Women Prisoners:
Female inmates face challenges like poor nutrition, sanitation, hygiene, and instances of custodial abuse, including sexual violence. As of 2018, there were 19,242 women prisoners in India. - Torture and Sexual Abuse:
Prisoners are often subjected to violence, physical pain, and psychological abuse. According to the National Human Rights Commission, custodial violence is one of the gravest abuses of public power, with 6,623 prisoners suffering from mental illnesses in 2018. - Prisoners with Infectious Diseases:
Studies indicate that inmates are at risk of contracting infectious diseases such as HIV and tuberculosis during incarceration, posing a public health risk. - Colonial and Outdated Laws:
India’s criminal justice system still operates under laws designed for colonial rule. Many of these laws are outdated and need reform to meet modern standards.
Committees and Suggestions for Prison Reforms:
Various committees have proposed prison reforms to improve prison conditions.
- Mulla Committee: Recommended better living conditions, staff training, and the creation of an All-India Service called the Indian Prisons and Correctional Service.
- Law Commission of India (268th report): Suggested that prisoners serving lesser sentences be released after completing a portion of their term and proposed reducing unnecessary arrests.
- Justice Amitava Roy Committee: Called for special fast-track courts and the release of under-trials on personal recognizance bonds for minor offenses.
- Krishna Iyer Committee: Advocated for better conditions for women prisoners and recommended recruiting more women officers to handle female and child inmates.
Steps Taken by the Indian Government:
The Indian government has urged state governments and Union Territories to implement reforms. Some of these measures include:
- Appointing review committees for under-trials.
- Providing legal aid for vulnerable prisoners.
- Ensuring that investigations and trials adhere to time limits set under the Code of Criminal Procedure, 1973.
Conclusion:
Despite numerous committees, including the Mulla, Malimath, Krishna Iyer, and Roy Committees, the implementation of prison reforms has been slow, and political will remains lacking. Structural changes are needed to address the deep-rooted issues in Indian prisons, or they will continue to be places of suffering for socioeconomically disadvantaged inmates, while offering more privileges to those with political connections. Prison management and inmate reformation are critical components of broader societal recovery.
Explore our Books: https://apnipathshala.com/product-category/books/
Explore Our test Series: https://tests.apnipathshala.com/
