Why is it in the news?

• The Supreme Court of India has declared that caste-based discrimination among prisoners, including work segregation according to caste and the treatment of inmates from de-notified tribes as “habitual offenders,” violates fundamental human dignity.
• The court has mandated a revision of prison manuals within three months, requiring the removal of the ‘caste column’ and any caste-related references from registers of undertrials and convicts. It also emphasized that members of de-notified tribes must not face arbitrary arrest.

Violations of Constitutional Rights

• In its ruling, the three-judge bench led by Chief Justice D.Y. Chandrachud noted that “Everyone is born equal” and that stigma cannot be attached to any person’s existence.
• He highlighted that more than 75 years after Independence, caste discrimination persists, referencing Article 15(1) of the Constitution, which protects against discrimination.
• The Chief Justice stated that discrimination among prisoners based on caste constitutes untouchability, prohibited under Article 17.

Unconstitutionality of Prison Practices

• The court asserted that no prison authority is exempt from unconstitutional practices, emphasizing that degrading labour and oppressive practices violate the right against forced labour under Article 23.
• It criticized prison manuals that label members of de-notified and wandering tribes as “born criminals” or habitual offenders, calling such references unconstitutional due to their lack of statutory backing.

Reinforcing Caste Animosity

• The judgment pointed out that segregating prisoners by caste reinforces animosity and hinders rehabilitation.
• Chief Justice Chandrachud reasoned that classifications should be based on objective factors—like work aptitude and special needs—to meet constitutional standards.
• He further indicated that compelling marginalized caste inmates to perform tasks such as cleaning latrines based solely on their caste constitutes coercion.

Prohibition of Manual Scavenging

• The court found that prison manuals assigning tasks like manual scavenging to the lowest castes practice untouchability.
• It affirmed that the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, which bans manual scavenging, applies within prisons.
• Consequently, the court directed the Union government to make necessary changes to address caste-based discrimination in the 2016 Manual and the 2023 Act within three months.