The caste-based discrimination in Indian Prison

Introduction

In October 2023, the Supreme Court of India ruled that dividing labour based on caste is unconstitutional, representing a significant advancement in the effort to reform outdated practices[1].

This piece examines the pervasive caste discrimination in the Indian prison system, tracing its roots to colonial policies, and analysing how current prison manuals sustain these inequities. It critically evaluates the Supreme Court’s recent ruling that declared caste-based labour assignments in prisons unconstitutional, while also detailing the court’s directives for reform and their broader implications for prison management and social justice.

Caste-based discrimination continues to be a serious social problem in India, influencing many aspects of life, including the correctional system. This discrimination arises from the historical caste hierarchy, resulting in systemic inequalities that disadvantage marginalized groups, especially those identified as Scheduled Castes (SCs) and Scheduled Tribes (STs). Here is an overview of caste-based discrimination occurring within prisons in India.

Caste discrimination in India has its origins in ancient social systems that divided people into hierarchical groups based on their jobs. Although there are legal provisions and constitutional safeguards against caste discrimination, the stigma and societal bias towards lower castes continue to exist across many areas, including the criminal justice system.

India’s prison system, which continues to adhere to numerous colonial-era practices, has faced longstanding criticism for its discriminatory regulations, especially those tied to caste divisions. These regulations assign work to inmates based on their caste, contradicting the equality principles established in the Indian Constitution. This article investigates the historical roots of caste-based discrimination in prisons, analyses the provisions outlined in state prison manuals, and considers the Supreme Court’s ruling and its potential impact on the future of prison reform in India.

Historical Context: Colonial Origins of Discriminatory Practices

1. The Criminal Tribes Act, 1871: – Colonial Stereotypes[2]

The British colonial government enacted the Criminal Tribes Act in 1871, labelling certain marginalized communities as “criminal tribes” based on the stereotype of being “born criminals[3].” Even after this Act was revoked, prison manuals continued to categorize denazified tribes as “habitual offenders” without prior convictions.

2. Caste-Driven Labor Division

The caste-based labour assignments in prisons trace back to colonial policies, which linked specific castes with distinct types of work, further entrenching inequality. For instance, members of Scheduled Castes, such as “Mehtars,” were assigned menial tasks like latrine cleaning, while higher castes were allocated kitchen duties. Such practices were codified in various state prison manuals.

Discrimination in Prisons:

Access to Justice: Individuals from lower castes frequently encounter obstacles when seeking legal assistance and resources. They often experience bias during judicial processes, which impacts their treatment in the legal system and, consequently, in prisons.

Overrepresentation in Prisons: Research indicates that SCs and STs are disproportionately represented among the prison population. This overrepresentation is linked to various factors, such as socio-economic disadvantages, discrimination by law enforcement, and the criminalization of certain practices within marginalized communities.

Treatment and Conditions: Once imprisoned, those from lower castes typically face harsher treatment from both prison staff and other inmates. Reports indicate they endure verbal abuse, violence, and social exclusion, along with inhumane living conditions that are worsened by the stigma attached to their caste.

Caste Discrimination in Official Manuals

• State Prison Manual Provisions

Numerous state prison manuals, including those from Uttar Pradesh, Tamil Nadu, and West Bengal, still endorse caste-specific labour assignments. For example, in Tamil Nadu’s Palayamkottai Central Jail, different castes like Thevars, Nadars, and Pallars are housed in segregated sections[4]. The Rajasthan Prison Rules, 1951, mandated that members of Scheduled Castes perform sanitation work, while higher-caste inmates were assigned cooking tasks.

• Reinforcement of Colonial Beliefs

Rules such as Rule 404 of the West Bengal Jail Code prevent individuals from being appointed as convict overseers if they belong to “wandering tribes,” reinforcing outdated colonial stereotypes.

• Vague Definitions of Habitual Offenders

State prison manuals in regions like Andhra Pradesh, Tamil Nadu, and Kerala broadly define “habitual criminals,” often unfairly targeting marginalized communities without proof of past convictions.

Violation of Constitutional Rights

• Contradiction to Article 14 of Indian constitution: Right to Equality

Caste-based labour division in prisons contravenes Article 14 of the Constitution, which guarantees equality under the law. The Supreme Court asserted that using caste as a classification criterion does not aid victims of caste discrimination but perpetuates social divide.

• Violation of Article 15(1) of Indian constitution: Prohibition of Discrimination

Assigning menial roles to marginalized caste prisoners while entrusting higher-skilled tasks to those from higher castes constitutes a direct violation of Article 15(1), which prohibits caste-based discrimination.

• Breach of Article 17 of Indian constitution: Untouchability Prohibition

Assigning specific tasks based on caste characterization and requiring cooking to be undertaken by those of a “suitable caste” perpetuates untouchability, contrary to Article 17.

• Infringement of Article 21 of Indian constitution: Right to Life and Dignity

Discriminatory clauses in prison manuals undermine the reformative goals for marginalized inmates, violating their rights to life and dignity as outlined in Article 21. Such provisions deny prisoners the fundamental right to respectful and fair treatment.

 Policy and Legal Framework

The Indian Constitution includes provisions that provide protection against caste discrimination. Articles 15 and 17 of Indian constitution ban such practices and abolish “untouchability.” However, the application of these protections within the prison system is often inconsistent.

Various reports and recommendations from human rights organizations highlight the urgent need for comprehensive reforms in prisons to tackle caste-based discrimination. Suggested reforms include improved training for prison staff, initiatives to prevent violence, and the creation of mechanisms for grievance resolution.

Supreme Court Ruling: A Significant Decision 

Court’s Findings

On October 2023, The Supreme Court’s ruling declared caste-based labour divisions unconstitutional and demanding their immediate discontinuation[5]. The Court emphasized that caste discrimination in prison manuals infringes on fundamental rights and maintains outdated inequalities.

Mandates for Reform

The Court mandated that all states and union territories revise their prison manuals within three months to eliminate discriminatory content[6]. It also criticized the Union government’s Model Prison Manual, 2016 for its ambiguous definition of “habitual offender,”[7] calling for essential reforms in both the 2016 manual and the Model Prisons and Correctional Services Act, 2023.

Monitoring by Legal Authorities

To ensure compliance with the Court’s directives, district legal services authorities and boards of visitors have been tasked with overseeing prison reforms and implementing new provisions.

Implications for Prison Reform

1. Ending Caste-based Discrimination

This judgment sets a vital precedent to eliminate caste-based discrimination in prisons nationwide, ensuring all inmates are treated with equality and dignity.

2. Influence on Prison Management

Prison administrations must enact necessary reforms, remove caste-based labour divisions and ensure all prisoners have equal opportunities for dignified and skilled work.

The significant takeaway from the Supreme Court’s ruling against caste-based discrimination in prisons is that it took a decision from the highest court to eliminate colonial-era practices within these institutions. The Court’s examination of various state jail manuals revealed how caste hierarchy influenced prisoner treatment, duty assignments, and classified some social groups as “habitual offenders[8].” It is striking that prison authorities and state governments have made minimal progress on these issues since independence, as if the prison system operates outside the constitutional ideals of equality, non-discrimination, the end of untouchability, and the abolition of forced labour and exploitation. In response to journalist Sukanya Shantha’s writ petition, the Court scrutinized these controversial prison rules against these constitutional goals, ruled them unconstitutional, and ordered revisions to prison manuals within three months. The Court highlighted the historical links between caste and prison management, noting how colonial rulers connected caste with labour, food, and prisoner treatment[9].

The Court found that those from lower caste backgrounds were assigned menial and supposedly degrading jobs, with some even required to perform their “hereditary trades” in prison, while the caste privileges of higher castes were preserved. It is generally accepted that viewing certain occupations as “degrading or menial” reflects the caste system and untouchability. Rules mandating that food be prepared by prisoners from a “suitable caste” and assigning “scavenger class” individuals to tasks like manual scavenging and cleaning are violations of the constitutional ban on untouchability. Labor distribution should not be based solely on caste, as such practices infringe on dignity and rights against forced labour and exploitation. Additionally, the Court has argued for eliminating ambiguous definitions of “habitual offenders,” which unjustly attribute criminality to entire communities, despite the abandonment of the concept of “criminal tribes.” It is imperative for state governments to act on this verdict, revisit their prison laws, and eradicate institutionalized discrimination in a system that may discipline any dissent.

The Supreme Court’s ruling against caste-based discrimination in prisoner treatment highlights the need for a top judicial intervention to eliminate colonial-era practices in prisons. Despite extensive examination of specific regulations in state jail manuals and how caste hierarchies influence duty assignments, prisoner classifications, and the labelling of certain social groups as “habitual offenders,” it is striking that prison authorities and state governments have made so little progress on these issues since independence. This situation suggests that the prison system has largely escaped the foundational principles of the Constitution, which aim to establish an equal society, eliminate all forms of discrimination, abolish forced labour & exploitation and prohibit untouchability, and. In response to journalist Sukanya Shantha’s writ petition, the Court has scrutinized problematic rules and practices within jails against these constitutional goals, declaring such provisions unconstitutional and mandating revisions to prison manuals within three months. The Court noted that colonial administrators connected caste to the management of prison labour, food, and treatment of prisoners.

The Court found that prisoners from lower caste communities were often assigned menial or deemed “polluting” tasks and were sometimes required to perform their “hereditary trades ” while in prison, while the privileges of those in higher castes were upheld. Few would dispute the assertion that the perception of certain jobs as “degrading or menial” stems from the caste system and untouchability. Regulations stating that food must be prepared by prisoners of a “suitable caste” and tasks like manual scavenging assigned to those from the “scavenger class” infringe upon the constitutional ban on untouchability[10]. Labor distribution based on birth violates the rights to dignity and freedom from forced labour and exploitation. Additionally, the Court advocated for abandoning ambiguous definitions of “habitual offenders,” as they unfairly attribute criminal behaviour to entire communities, a notion that has already been rejected. It is now essential for state governments to heed the ruling, reassess their laws governing prison administration, and put an end to systemic discrimination in an environment that often denotes any form of dissent as indiscipline. In May 2023, the Ministry of Home Affairs[11], after consulting with various stakeholders, developed a draft legislation and sent it to all States and Union Territories for implementation. Notably, the Model Act lacks any mention of prohibiting caste-based discrimination, which raises concerns given that it allows prison officials to “utilize the services of prisoners” for the ” management and administration of the prisons,” according to the court. The court emphasized the importance of “management and administration of the prisons.” While the Model Prison Manual 2016 contains several clauses aimed at combating caste discrimination within prisons, the 2023 Model Act fails to address this issue at all. The Supreme Court has mandated the inclusion of a provision that bans caste-based segregation or labour division in the Model Act, with a deadline to implement this change within three months[12].

Challenges and Future Considerations

Caste discrimination within Indian prisons poses a major issue, highlighting wider societal problems in India. The convergence of caste and the prison system raises important questions regarding fairness, human rights, and inmate treatment. Below are some essential elements and strategies for combating caste discrimination in these facilities

Resistance to Change: Implementing reforms may face internal resistance from prison administrations entrenched in discriminatory practices.

Political Commitment and Awareness: Effective implementation of the Supreme Court’s directives demands robust political support, awareness initiatives, and training for prison staff.

Need for Accountability: Regular oversight by independent bodies, such as district legal services authorities and boards of visitors, is crucial to ensure prison authorities uphold the timely and effective enforcement of reforms.

Examining Caste Dynamics in Prisons

Higher Representation of Marginalized Castes: Research indicates that marginalized groups, especially Dalits and Adivasis, are overrepresented among inmates, largely due to systemic injustices in accessing the legal system.

Caste-Driven Violence and Segregation: Evidence exists of caste-related violence and segregation among inmates, which can exacerbate discrimination and conflict.

Legal Framework and Policies

Anti-Discrimination Laws: While India’s constitution (Article 15) prohibits discrimination, the application of these laws within prisons is frequently insufficient.

Awareness and Training

Training for Staff: Prison personnel should undergo training focused on caste sensitivity, human rights, and the psychological impacts of discrimination to cultivate a more inclusive atmosphere.

Educational Programs: Informing inmates about their rights and the dangers of caste discrimination through educational initiatives can help reduce tensions.

Monitoring and Accountability

Independent Oversight: Creating autonomous bodies to oversee prison conditions can help ensure accountability for both caste discrimination and broader human rights abuses.

Data Collection: Systematic gathering and review of data concerning inmates’ caste identities and discrimination incidents can guide policy alterations and improvements.

Engaging with Civil Society

NGO Participation: Non-governmental organizations can significantly advocate for the rights of marginalized prisoners and offer legal support.

Community Reintegration Programs: Initiatives aimed at supporting ex-inmates from disadvantaged backgrounds can help mitigate the lasting impacts of discrimination.

Judicial Action

Public Interest Litigations (PILs): Legal actions can be initiated to challenge systemic caste discrimination in prisons, pushing for the enforcement of constitutional guarantees and necessary reforms.

Supreme Court Mandates: The judiciary can direct state governments to adopt measures combating caste-based discrimination in correctional facilities.

Conclusion:  

The Supreme Court’s ruling signifies a critical advance in combating the caste-based discrimination rooted in India’s prison systems, a legacy of colonial policies. The Court’s directives for urgent reforms provide hope for a more just and humane prison system that honours the constitutional rights of all inmates. Nevertheless, the success of these reforms will hinge on the commitment from state governments, effective oversight, and a societal dedication to dismantling caste inequalities across all aspects of life, including the prison effectively addressing caste discrimination in Indian prisons necessitates a multifaceted strategy involving legal reforms, staff training, educational initiatives, monitoring systems, and collaboration with civil society. By approaching the issue from various perspectives, it is feasible to establish a fairer and more just prison system that upholds the rights and dignity of every inmate.

Reference(S):

[1] Bhardwaj K, “Caste-Based Labour Division in Prisons Is Unconstitutional: Supreme Court” www.business-standard.com (October 9, 2024) <https://www.business-standard.com/india-news/caste-based-labour-division-in-prisons-is-unconstitutional-supreme-court-124100901035_1.html>

[2] Rana S, “Nomadism, Ambulation and the ‘Empire’: Contextualising the Criminal Tribes Act XXVII of 1871” <https://www2.hu-berlin.de/transcience/Vol2_Issue2_2011_1_22.pdf>

[3] Nigam S, “Disciplining and Policing the ‘Criminals by Birth’, Part 1: The Making of a Colonial Stereotype— The Criminal Tribes and Castes of North India” (1990) 27 The Indian Economic & Social History Review 131 <https://doi.org/10.1177/001946469002700201>

[4] Rajagopal K, “Caste Bias, Segregation in Prisons Violate Dignity: Supreme Court” (The Hindu, October 3, 2024) <https://www.thehindu.com/news/national/segregation-of-work-in-prisons-on-the-basis-of-caste-unconstitutional-supreme-court/article68712436.ece>

[5]“Why Did the Supreme Court Strike down ‘Casteist’ Provisions in India’s Prison Manuals? | Explained” (The Hindu, October 8, 2024) <https://www.thehindu.com/news/national/supreme-court-verdict-casteist-provisions-indias-prison-manuals-explained/article68704711.ece>

[6] Ias L, “SUPREME COURT STRIKE DOWN DISCRIMINATORY RULES ACROSS STATE PRISON MANUALS” (Lukmaan IAS, October 8, 2024) <https://blog.lukmaanias.com/2024/10/08/supreme-court-strike-down-discriminatory-rules-across-state-prison-manuals/>

[7] Bakshi GK and Law L, “Live Law” Live Law (October 3, 2024) <https://www.livelaw.in/top-stories/colonial-rulers-imported-caste-based-allocation-of-work-to-prisons-due-to-pressure-from-oppressor-castes-supreme-court-271498>

[8]Navya Singh, National Law U. Odisha, IN, “India Supreme Court Rejects Petition Challenging Constitutionality of Caste System” (JURIST – News, August 22, 2024) <https://www.jurist.org/news/2024/08/india-supreme-court-rejects-petition-challenging-constitutionality-of-caste-system>

[9] “Discrimination and Exploitative Forms of Labor – Broken People: Caste Violence Against Indias Untouchables (Human Rights Watch Report, 1999)” <https://www.hrw.org/reports/1999/india/India994-09.htm>

[10] “Caste in Jail” (The Hindu, October 4, 2024) <https://www.thehindu.com/opinion/editorial/caste-in-jail/article68718763.ece>

[11] People’s Union For Civil Liberties, “Challenging Caste Discrimination in the Prison System – People’s Union For Civil Liberties” (People’s Union for Civil Liberties, February 25, 2025) <https://pucl.org/manage-writings/challenging-caste-discrimination-in-the-prison-system>

[12] Firm R& RL, “Breaking Barriers: The Supreme Court’s Landmark Judgement on Caste Discrimination in Indian Prisons” (January 20, 2025) <https://www.linkedin.com/pulse/breaking-barriers-supreme-courts-landmark-judgement-uvsjf>