Recently, the Supreme Court struck down numerous rules from state prison manuals that date back to the colonial era.

Supreme Court Strikes Down Discriminatory Prison Rules Reinforcing Caste Bias

• A plea was filed by a journalist which pointed out discriminatory prison rules in states such as Uttar Pradesh, West Bengal, Andhra Pradesh, Madhya Pradesh, etc.
• These rules reinforced social hierarchies and targeted marginalised groups, particularly those historically labelled as “criminal tribes” during British colonial rule. 
• The Supreme Court of India ruled against those rules in state prison manuals that discriminated based on caste and opined that they violated the fundamental rights of prisoners.

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Reasons for the Supreme Court’s Decision to Strike Down Discriminatory Prison Rules

• Caste-Based Labor Division: The Supreme Court  highlighted that the existing rules assigned prison work in ways that perpetuates caste-based labour divisions and reinforce social hierarchy. Example: 
  • Madhya Pradesh Jail Manual, 1987: This manual specifically assigned latrine cleaning duties to prisoners from the ‘Mehtar’ caste, a Scheduled Caste community. 
  • West Bengal Jail Code Rules, 1967: Food should be cooked and delivered to prisoners by cooks of a “suitable caste,” supervised by a jail officer.
• Perpetuation of Stereotypes: Prison manuals continue to perpetuate negative stereotypes against denotified tribes through the classification between habitual and non-habitual criminals.
  • Example: In Madhya Pradesh, denotified tribe members can be labelled as habitual criminals subject to the discretion of the State Government.
    • In states like Andhra Pradesh, Tamil Nadu, and Kerala, individuals may be deemed habitual criminals based on habits or associations, even without a prior conviction.
• Violations of Fundamental Rights in Prison Manual Rules: 
  • Right to Equality (Article 14): The court emphasised that caste should only be a basis for classification when it aims to benefit victims of caste discrimination.
    • Segregating prisoners by caste reinforces divisions and deprives them of equal opportunities for assessment and rehabilitation.
  • Right Against Discrimination (Article 15): The manuals were found to directly and indirectly discriminate against marginalised communities.
    • Assigning cleaning tasks to marginalised castes while reserving cooking for higher castes perpetuates stereotypes resulting in indirect discrimination.
  • Abolition of Untouchability (Article 17): The notion that an occupation is considered as “degrading or menial” is an aspect of the caste system and untouchability”.
  • Right to Life with Dignity (Article 21): These discriminatory prison rules hinder the reform of marginalised prisoners and deny them dignity, violating their fundamental rights.
  • Prohibition of Forced Labour (Article 23): Imposing labour or work, which is considered impure or low-grade, upon the members of marginalised communities amounts to “forced labour” under Article 23.

Supreme Court’s Ruling

• Unconstitutionality of Provisions: The Supreme Court declared all provisions and rules in question as unconstitutional, emphasising the need for equality and dignity for all prisoners.
• Revisions Required: The Court directed all states and union territories to revise their prison manuals within three months.
• Model Prison Manual Updates: The Supreme Court also instructed the central government to amend the Model Prison Manual 2016 and the draft Model Prisons and Correctional Services Act, 2023, to address caste discrimination within the same timeframe.
• Directive to District Legal Services Authorities and the Board of Visitors:  The Supreme Court directed the District Legal Services Authorities and the Board of Visitors established under the Model Prison Manual 2016 to conduct inspections and determine if caste-based discrimination continues within prison systems.
  • They will submit a joint inspection report to the SLSAs (State Legal Services Authorities), which will compile it and forward it to NALSA (National Legal Services Authority). 
  • NALSA will file a joint status report with the Supreme Court regarding the suo motu writ petition.

Issues Related to Prisons in India

• Challenges of Uniform Prison Management: Prisons are a state subject and therefore, having uniform prison management is a difficult issue.
• Pendency of Cases: Over 4.7 crore cases are pending in Indian courts as of 2022.
• Colonial Nature and Obsolete Laws; The Indian criminal justice system is based on laws mostly established during British colonial rule.
  • The relevance of these 19th-century laws is increasingly questioned in the modern context
• Inhumane Behaviour Behind Bars: There are concerns about the indifferent and inhumane treatment of prisoners by staff.
  • Instances of custodial rapes and deaths highlight serious violations of human rights.
  • Third degree tortures in prison remain unnoticed many times.
• Overcrowding: Many Indian prisons are overcrowded, exceeding their designed capacity.
  • The national average occupancy rate in prisons across India is 130% as per the Standing Committee Report on Prison Conditions, Infrastructure, and Reforms, 2023.
  • The highest overcrowding rates were observed in district prisons (148 percent), followed by central prisons (129 percent) and sub-prisons (106 percent)
• Issue of Undertrials: In 2020, about 76% of all prison inmates in the country were undertrials
  • Hussainara Khatoon v. State of Bihar (1979): The Court ordered the release of undertrial prisoners who had spent more time in jail than the maximum punishment for their alleged offences. 
• Inadequate Staff: The ratio between the prison staff and the prisoners in the Indian prison is approximately 1:7 while in the UK, 2 prison officers are available for every 3 prisoners.
• Transgender Prisoners: There is a lack of welfare schemes for transgender prisoners in most states and Union Territories as per the report of the Committee on Prison Reforms, 2023.
  • Only 13 states and 2 UT’s have designated a “complaint officer” to address rights violations of transgender inmates, as mandated by the Transgender Persons (Protection of Rights) Act, 2019.
• Funding Gaps in Indian Prisons: While the central government provides financial support, state governments manage their own budgets.
  • In 2021-22, the total budget for all prisons was Rs 7,619 crore, with actual spending at only 88% (Rs 6,727 crore).

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Way Forward

• Prisons should be viewed as rehabilitative spaces rather than mere punitive facilities: This can be achieved by focusing on reintegration programs that prepare inmates for successful societal re-entry, thereby reducing recidivism rates.
• Promoting Plea Bargaining: The introduction and promotion of plea bargaining can provide a valuable mechanism for reducing the burden on courts and tackle the issue of Overcrowding in Prisons.
• Enhancing Prison Management
  • Providing adequate training and resources for prison staff to improve operations.
  • Implementing effective monitoring and accountability systems.
  • Ensuring basic amenities for inmates, including access to clean drinking water, sanitation, and medical facilities.
• Women Prisoners: Special attention is needed for pregnant women, including allowing childbirth outside prison and providing proper prenatal and postnatal care.
  • The Standing Committee recommended extending the duration for infants to stay with mothers in prison from six to twelve years.
• Transgender prisoners: There should be separate infrastructure facilities, such as separate wards, for transgender prisoners. 
  • Transgender prisoners should be allowed to choose doctors for examination to ensure proper placements in prisons and prevent misgendering.
• Others: 
  • Strengthening Undertrial Review Committee (UTRC) Mechanism: It assesses the release of undertrial prisoners and convicts eligible for release.
  • Speedy Trials: Implementing faster trial processes is essential to alleviate prison overcrowding.
  • Alternative Sentencing: Legal provisions for alternative sentences such as fines, probation, parole, furlough,admonition are currently underutilised by courts. 
  • Legal Representation: Ensuring at least one lawyer for every 30 prisoners to improve legal access.
  • Fast-Track Courts: Establishing special courts to handle petty offences pending for over five years.

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