New Rules to Combat Caste Discrimination in Prisons

January 3, 2025

The Union Home Ministry of India has recently amended prison manual rules to eliminate caste discrimination among inmates. This decision follows a Supreme Court order issued on October 3, 2024, addressing concerns about caste-based discrimination in prisons. The amendments aim to ensure that prisoners are treated equally, regardless of their caste, and that no segregation occurs based on this criterion.

Amendments to the Model Prison Manual

The ‘Model Prison Manual, 2016’ has undergone changes. The revised rules prohibit any form of discrimination, classification, or segregation based on caste. Prison authorities are now required to ensure equal treatment in the allotment of duties and work for all inmates. This change aims to encourage an environment of equality and respect within correctional facilities.

Updates to the Model Prisons and Correctional Services Act

The ‘Model Prisons and Correctional Services Act, 2023’ has been updated to include a new section titled ‘Prohibition of caste-based discrimination in Prisons and Correctional Institutions’ as Section 55(A). This section reinforces the commitment to eradicating caste discrimination in prisons and ensures that all inmates receive equal rights and opportunities.

Provisions on Manual Scavenging

The Home Ministry has reiterated that the provisions of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ apply within prisons. Manual scavenging and hazardous cleaning of sewers or septic tanks in correctional facilities are explicitly prohibited. This measure aims to protect the dignity and safety of inmates.

Definition of Habitual Offenders Updated

In response to the Supreme Court’s directives, the definition of a ‘Habitual Offender’ has been revised. A habitual offender is now defined as a person convicted and sentenced to imprisonment for more than two occasions within a continuous five-year period. This definition excludes any time spent in jail under sentence or detention from the five-year calculation.

Compliance with State Legislation

The Ministry has brought into light that states without their Habitual Offenders legislation must revise their prison manuals accordingly. The Union and State governments are required to implement necessary changes within three months to align with the Supreme Court’s judgement. This ensures a uniform approach to managing habitual offenders across different jurisdictions.

The Model Prison Manual was first introduced in 2016.
The Prohibition of Employment as Manual Scavengers Act was enacted in 2013.
The Supreme Court’s order on caste discrimination was issued in October 2024.
The term ‘Habitual Offender’ now has a specific legal definition.
The changes aim to create a more equitable prison environment.

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