9 October 2024 : Indian Express Editorial Analysis

1. Supreme Court Strikes Down Caste-Based Rules in Prison Manuals, Citing Violation of Fundamental Rights   

(Source: Indian Express; Section: Explained; Page: 19)

Topic: GS2 – Polity

Context:

The Supreme Court ruled against discriminatory prison manual provisions that reinforced caste-based labor divisions, declaring them unconstitutional and a violation of fundamental rights.

Analysis of News:   

Petition and Supreme Court Ruling

• The Supreme Court, led by Chief Justice of India D.Y. Chandrachud, recently struck down prison manual rules in several states, citing their reinforcement of caste divisions.
• The ruling emerged from a petition filed by journalist Sukanya Shantha, addressing the caste-based classification of prisoners and prison work assignments, which the court deemed unconstitutional.
• The ruling directed states and Union Territories to revise their prison manuals within three months, as well as update the Model Prison Manual, 2016, to eliminate caste-based discrimination.

Reinforcement of Caste Prejudices

• Prison manuals in question perpetuated caste stereotypes by assigning labor roles based on caste.
• For example, the Madhya Pradesh Jail Manual assigned the task of cleaning latrines specifically to the Mehtar caste, a Scheduled Caste.
• Similarly, West Bengal’s prison rules emphasized assigning cooking duties based on caste.
• The court noted how these rules perpetuate historical caste-based labor divisions and social hierarchies rooted in colonial laws, such as the Criminal Tribes Act of 1871, which wrongly stereotyped certain tribes as criminals.

Fundamental Rights Violated

The Supreme Court ruled that the discriminatory provisions in prison manuals violated several fundamental rights under the Indian Constitution:

• Right to Equality (Article 14): Caste-based classification should only be used to provide benefits to marginalized communities, not to reinforce discriminatory practices. These rules denied prisoners equal opportunities for reform.
• Right Against Discrimination (Article 15): The assignment of menial tasks to marginalized castes directly discriminated against them, perpetuating harmful stereotypes about their abilities.
• Abolition of Untouchability (Article 17): The court criticized the notion of “degrading” work assigned based on caste, linking it to untouchability, which is explicitly prohibited.
• Right to Life with Dignity (Article 21): The ruling emphasized that marginalized prisoners have the right to overcome caste barriers and be treated with dignity. The existing rules deprived them of this basic right.
• Prohibition of Forced Labour (Article 23): Assigning demeaning labor based on caste amounted to forced labor, violating Article 23.

The ruling stands as a significant step towards eliminating caste-based discrimination within the prison system.

How do prison manuals reinforce colonial stereotypes?

The Criminal Tribes Act of 1871 allowed the British to label certain communities as “criminal tribes.” Even after the Act’s repeal, prison manuals continued to classify some groups as “habitual offenders,” even without convictions.In West Bengal, Rule 404 of the Jail Code discriminated against people from “wandering tribes,” considering them prone to escape.Andhra Pradesh, Tamil Nadu, and Kerala used similar definitions, perpetuating harmful stereotypes.

Practice Question:  The Supreme Court recently struck down prison manual provisions that perpetuate caste-based labor divisions. Discuss the implications of this ruling on the constitutional rights of marginalized communities. How can prison reforms address issues of caste discrimination and ensure the dignity of prisoners? (250 words/15 m)