Authored By: Disha Jaiswal
College Affiliated to Rajju Bhaiya University
Abstract
Caste based work allocation is still persisted in Indian imprison system. This article is about the legacy of the Criminal Tribes act and Reneke Commission findings on Denotified, Nomadic and Semi Nomadic tribes (DNT), In documents evident that in several states’ caste-based chores allocation has sanctioned. and analyse that it violates the constitutional rights, and it is against the human dignity. In Supreme Court landmark ruling of Sukanya Shantha vs Union of India has also examines this. This article has also recommended some legal, administrative and policy level changes to eliminate the caste-based labour allocation and ensures DNT prisoners’ dignity and align with Constitutional prisoner’s practice.
Introduction
Prisons are not just made for punishing criminals but also correcting them and changing their behaviour giving them a chance to reform and not to suffer from discrimination. But in India as you know caste inequality persisted, but it is also persisted in prison even though they are all prisoners, and their different caste will decide what kind of work they are going to do based on caste stratification. means stratification based on hierarchy such as lower caste inmates like (DNTs and Dalits) were assigned the task of cleaning toilets, manual scavenging and sweeping, seen as impure. while comparatively giving the clean task or privileged works to upper caste prisoner like tailoring, kitchen duty and record keeping.
DNTs (DE notified Tribes) faces double discrimination, first as society already see them as “born criminals” because of the Criminals Tribes Act of the 1871 (a British law that labelled whole community as born criminals). Second when they enter prisons there, they also treated as lower and do degrading jobs. so, the prisons become another form of social punishment. In recent Supreme Court October 2024, Case also refers this as unconstitutional and said that this violates their constitutional rights, Article 14, 15, 17,21 and 23 and struck them down.
This article examines how caste system work in prisons, why DNTs suffer the most, what constitutional right and laws are relevant and what reforms are needed.
Historical Background: From the Criminal Tribes Act to Denotification
The history of DNTs , during the British rule some communities such as Nomadic, tribes and mobile groups (those who don’t have fixed or permanent place to live) were considered as suspicious because sometimes they resist to pay taxation and they were hard to control by the British government that’s why they labelled the whole community as born criminals, in Criminal Tribes Act of the 1871 ,officially said criminals by birth . and then they must register with authorities, report movements and constantly watched which was made their lives extremely hard. That was the first time the law institutionalised discrimination against entire communities by birth, not individual their actions.
After independence (1947) the CTA was officially repealed means now the communities that were notified are no longer seen as criminals, their name was changed as DE notified tribes. But society and authority still treated them as suspicious and laws like Habitual Offenders Act and certain administrative habits continued to target them, keeping discrimination alive. Although the laws were repealed after independence, but the real rehabilitation did not occur, they still face the social inclusion, poverty, and police suspicion. this shows that laws alone cannot remove the stigma, administrative actions and social changes are needed.
Legal Framework: Constitutional Guarantees and Statutory Prohibitions
The Indian Constitution itself protect individual including prisoners from discrimination such as unequal treatment because of their caste or force to do degrading works. And these protections apply to everyone, these are the part of the Fundamental Rights.
Article 14 (equality before law and equal protection)
Article 15 (prohibition of caste-based discrimination) set a constitutional bar against discriminatory state action.
Article 17 abolishes “untouchability” and forbids its practice in any form.
Article 21 protects the right to life and personal dignity, which includes protection against degrading and humiliating treatment.
Article 23 prohibits forced labour , and relevant when certain prisoners are forced to perform degrading jobs based caste.
And there are some Statutory laws that prevents inhumane treatment such as Prevention of Employment as Manual Scavengers and their Rehabilitation act, 2013 that successfully ban the manual scavenging not only on the caste based but completely and now it is not only the discrimination but the illegal and punishable offence. Internationally, the UN Nelson Mandela Rules (Standard Minimum Rules for the Treatment of Prisoners) require non-discrimination and humane treatment. All these constitutional, statutory laws and internationally together creates strong legal base against this treatment , so if in any prison the practice still persist then they are not old fashioned but they are unconstitutional and illegal.
Evidence from Prison Manuals and Investigations
(A) State Prison Manuals: Caste-coded Provisions
So many states explicitly mentions their prison rules that who will do what kind of jobs these are often based on caste such as Mehtar, Chandel and hari communities are assigned to manual cleaning tasks of toilets. Many of these manuals are followed by old colonial rules of Prisons Act, 1984. For example, in Rajasthan prisons rules 1951 it was clearly written that caste-based work allocations and it was shown in older version of Uttar Pradesh, West Bengal and other states rules. So, basically it means that segregation of caste inside the prisons was officially introduce not that of accidental.
(B) Journalist and NGO Documents
In 2020, Journalist and NGO observed daily life in prisons and they found that prisoners were asked their caste on arrivals, and manual dirty tasks were assigned based on caste and DNTs and Dalits were always got the worst jobs while upper castes avoid them. NGO collects first hand testimony from convicts and undertrials that they were forced to do degrading task, and some tried to get alternative rehabilitative work but face difficulty. This shows that discrimination still in practice.
How Caste Based labour operates in practice
Categorisation at intake
Many prisons on admission recorded information such as caste , community and habitual offenders tags that will decide what kind of work prisoners will do.
Assignment and Duties
Administrative officer and warders allocates the clean tasks such as clerical work, tailoring and kitchen duties to higher caste inmates and while lower caste always assigns to sewing, cleaning gutters and dirty tasks.
Segregation and stigma
Once the prisoners are assigned the manual tasks based on caste even if they want to do skill building , paid work or rehabilitate but they were denied the chance and repeatedly got the same kind of work and this creates long terms stigma for them even if they have skills.
Penal reinforcement
Prisoners who refused to do assign work can be punished, punishment involves may include solitary confinement, loss of privileges, or other disciplinary actions. This forces prisoners to not escape from degrading roles even if they are unfair.
First-hand stories
Even prisoners with education, training, or skills are forced to do menial work because of caste. This shows how arbitrary and humiliating caste-based labour really is.
Amendments and judicial intervention
Some states have updated their manual, but some are still using the old ones until Supreme Courts intervene such as in 2024 case.
Denotified Tribes: Double Marginalization in Custody
DNTs faces multiple layers of discrimination not just one. Such as poverty, social stigma, and prejudice all combine to make their lives harder. DNTs were labelled criminal by birth under the Criminal Tribes Act during British rule. Even today, police may be more suspicious of DNT members, leading to more arrests. Because of poverty they cannot pay bails or fine, No ID documents harder to prove identity or access legal services Limited legal aid and cannot defend themselves and because of this most of the DNTs are undertrials in prisons compared to other groups. The Renke Commission (2005–2008) studied DNTs across India. Findings showed that DNTs face structural poverty, no land ownership, and lack of official documents. These disadvantages make them more vulnerable to being arrested, kept in prison longer, or assigned degrading work In other words, their social and legal disadvantage outside prison follow them inside.
The Landmark Litigation: Sukanya Shantha v. Union of India (3 Oct 2024)
The issue reached the Supreme Court through a public interest litigation, challenging caste-based rules in several state prison manuals and also in the Model Prison Manual of 2016. In Sukanya Shantha v. Union of India, a three-judge bench finally said that any provisions or practices that allowed caste-based segregation or work allocation were unconstitutional.
The Court held that all caste-based clauses in state prison rules, and in the Model Prison Manual, should be struck down or amended. It also said that the Union Government to revise the Model Prisons and Correctional Services Act, 2023, wherever it contained caste-based language. Basically, the Court said, rules cannot continue to assign work based on who you are born as.
The judgment made clears that such practices violated Articles 14, 15 and 17, and also violates the Articles 21 and 23, because forcing prisoners to do degrading work based on caste is both discriminatory and forced labour. The Court also laid out some clear directions job allocation should be need based and skills based, prisoners should be allowed to volunteer wherever possible, and prison registers must not use caste to decide work.
Make sure this happens, Legal Services Authorities and Boards of Visitors were tasked with monitoring compliance. The judgment is really transformative. It recognises that caste discrimination in prisons is not just a social lapse or an administrative mistake it is a constitutional violation. The state now has an affirmative duty to correct archaic rules and make sure that all prisoners are treated fairly and with dignity.
Legal and Human-Rights Analysis
(A) Constitutional Violations
Caste-based work division in prisons clearly breaks the promise of equality. It goes against Article 14, because it treats people unequally through state rules.
It also violates Article 15, which says there cannot be any discrimination only because of caste. And when lower-caste prisoners are kept apart or made to do “impure” jobs, it also looks like a form of untouchability, which is banned under Article 17.
The Supreme Court itself said that giving work by caste inside jails violates all these rights. Plus, when some prisoners are forced to do dirty or risky work only because of the family they were born into, that also breaks Article 23, which stops forced labour. And it goes against Article 21, which protects every person’s dignity and right to live with self-respect.
B) International Norms
The Nelson Mandela Rules (United Nations standards for the treatment of prisoners) say that all prisoners must be treated equally, without discrimination of any kind. They also say that prison work should never be humiliating or degrading.
So, when India allows or ignores caste-based forced labour inside jails, it clashes with these international human-rights rules. Caste-based work in prisons does not fit with what India has agreed to follow globally.
(C) Evidence-Based Remedying
Judicial orders are necessary but not sufficient. Operational change requires rewriting manuals, training staff, de-identifying registries, instituting transparent job allocation based on skills/voluntariness, and ensuring oversight with civil-society participation. Data collection and disaggregated reporting (that tracks DNT status without enabling discrimination) are essential to measure progress. The Renke Commission’s recommendations on DNT welfare must inform remedial programs aimed at rehabilitation inside and outside prisons.
Recommendations (humanised)
Immediate legislative and administrative revision: All state prison manuals and the Model Prison Manual must remove caste-coded language and any clauses that earmark duties by community or “habitual offender” stereotypes. The Supreme Court told this already, so states must implement it fast.
Skills-and-volunteer based job allocation: Make formal job rosters which give work based on a prisoner’s skills, vocational training or if they volunteer. Also have clear rotation so no one stays stuck doing degrading jobs repeatedly.
Ban manual scavenging and hazardous sanitation in prisons: Enforce the law that bans manual scavenging inside jails and use mechanised options or specialist contractors where needed do not push people to do dangerous, degrading work.
Staff training and sensitisation: Prison staff need mandatory human-rights and anti-caste bias training. The training should include the history of DNTs, constitutional rights and how to manage complaints. It must be regular, not a one-time thing.
Independent monitoring and data collection: Let NHRC/State HRCs, Legal Services Authorities, and Boards of Visitors inspect prisons regularly. Publish anonymised, disaggregated data on prison labour and community composition so progress can be checked.
Legal aid and focussed rehabilitation for DNT inmates: Strengthen legal aid right from arrest and through trial for DNT suspects; run targeted programs for education, documentation (ID cards etc.) and rehabilitation so DNTs are not trapped in the system.
Review Habitual Offender provisions: States should review and repeal or amend any Habitual Offenders laws or administrative rules that let officials label whole communities as “habitual” without looking at each person and this re-entrenches stigma.
Grievance and redress mechanism: Create a simple, visible complaint system inside every jail (with outside oversight) so inmates can report caste-based work or punishment without fear. Make sure complaints are investigated quickly and transparently.
Conclusion
Caste-based work rules in Indian jails are not just a bad administrative habit. They are the leftover of a colonial idea that some people are born criminals, and that history has hurt Denotified Tribes the most. Removing caste words from manuals is a start, but it is not enough. We need long term change, with staff training, proper oversight, real rehabilitation programs and funding for DNT communities. The Supreme Court’s 2024 judgment is important, it makes clear that this discrimination is unconstitutional. Still, law alone will not end prejudice. Change requires honest effort from prison officials, steady funding, and people outside the system watching that reforms actually happen. If prisons are to help people reform, they must stop using caste to decide who does what and treat every prisoner with dignity and a real chance to rebuild.
