Selection Of Sweepers From Particular Caste Opposed To Substantive Equality: SC

In a recent ruling, the apex court addressed the issue of caste discrimination in Indian jails, requiring the abolition of discriminatory practices in state prison manuals. The court criticised the assignment of menial tasks based on caste and demanded equal distribution of work among prisoners.

New Delhi: The Supreme Court on Thursday rebuked caste-based discrimination in prisons and issued a slew of directives to the Centre and state governments to immediately put an end to such practices.

On the aspect of caste-based discrimination in jails, a three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said the selection of sweepers from particular caste is entirely opposed to substantive equality. The apex court set aside objectionable rules of state prison manuals and asked the state governments to amend them within three months.

The apex court said that prisoners shall not be permitted to undertake cleaning of sewer tanks in hazardous conditions and stressed that prisoners of certain classes have the right to get a fair distribution of work in jails. The detailed judgment will be uploaded later in the day.

In January this year, the Supreme Court sought a response from the Centre and 11 states on a PIL alleging caste-based discrimination and segregation of prisoners in jails. The PIL had sought a direction to repeal provisions that mandate such practices under the state prison manuals. The apex court had sought a response from the Centre and 11 states, including Uttar Pradesh and West Bengal, on the plea.

The plea cited instances from Madhya Pradesh, Delhi and Tamil Nadu jails, where cooking was undertaken by dominant castes, however sweeping and other menial jobs, such as cleaning toilets, were to be undertaken by “specific lower castes”.

"This petition is filed in public interest under Article 32 of the Constitution of India to bring to the notice of this court the continued existence and enforcement of rules and practices under various state prison manuals that are manifestly grounded in and reinforce caste-based discrimination," said the petition filed Sukanya Shantha, who was represented by advocate Prasanna S.

The apex court said, "The Prison Manual 2016 of the central government suffers from lacunae. The manual of 2016 should prohibit the classification of prisoners on the basis of caste. Distribution of manual work among prisoners on the basis of their caste hierarchy is discriminatory and unconstitutional”.

“The prisoners can't be made to do inhuman work and be treated inhumanely, hatred, contempt towards the caste-based discrimination, and pervasive bias towards such castes," said the bench.

The apex court said assigning cleaning and sweeping to marginalised and assigning cooking to higher caste is nothing but a violation of Article 15 of the Constitution. The apex court said such indirect uses of phrases which target so-called lower castes cannot be used within our constitutional framework. “Prison manuals are only reaffirming such discrimination," said the CJI, pronouncing the order on behalf of the bench.

The apex court cited the UP prison manual, which provided that a person going under simple imprisonment will not work in degrading and menial work unless his caste is used to do such jobs.