CONSTITUTIONAL CHALLENGE AGAINST CASTE-BASED DISCRIMINATION IN INDIAN PRISONS

by | Oct 15, 2024

ASPECTS DETAILS
Case Title Sukanya Shantha vs. Union of India & Ors.
Introduction This case revolves around caste-based discrimination in Indian prisons, highlighted by the petitioner, Sukanya Shantha, a journalist, in her article. The petitioner sought directions to repeal discriminatory provisions in State prison manuals, arguing they violate the constitutional rights of equality and non-discrimination.
Factual Background The petitioner’s article exposed systemic caste-based discrimination in Indian prisons, including segregation of barracks and manual labor division based on caste. Denotified tribes and ‘habitual offenders’ were particularly affected. The Model Prison Manual, 2016, failed to adequately address these concerns. States such as Jharkhand, West Bengal, Uttar Pradesh, and Maharashtra, among others, were called to provide justifications for the continued existence of discriminatory provisions in their prison manuals.
Legal Issues
  • Whether caste-based discrimination in prisons violates Articles 14, 15, 17, 21, and 23 of the Indian Constitution.
  • Whether the current provisions in prison manuals are unconstitutional.
  • Whether prison manuals need revisions to eliminate discriminatory practices.
Applicable Law
  • Article 14: Equality before law
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
  • Article 17: Abolition of Untouchability
  • Article 21: Right to life and personal liberty
  • Article 23: Prohibition of forced labor
Analysis The petitioner’s counsel argued that the prison manuals institutionalize caste-based discrimination, violating constitutional rights. Various practices, such as segregation of barracks and division of manual labor, unfairly target marginalized communities, specifically Denotified Tribes. Although the Model Prison Manual, 2016, sought to address these issues, it fell short in eliminating caste-based practices. The Court noted that the Constitution’s values must be reflected in prison policies to ensure equality and dignity.
Conclusion The Supreme Court ruled that the prison manuals’ discriminatory provisions are unconstitutional and ordered their revision. The Union and State governments were given a three-month deadline to amend the manuals in compliance with constitutional principles of equality and non-discrimination.
Current Scenario The Union and State governments are currently revising the prison manuals under the Court’s direction. The Supreme Court continues to monitor the process to ensure that the new manuals eliminate all forms of caste-based discrimination and uphold the principles of equality and dignity for all prisoners.

Case SummaryThe Supreme Court of India addressed the systemic caste-based discrimination in Indian prisons perpetuated by State prison manuals. The petitioner argued that these practices violated the Constitution’s Articles 14, 15, 17, 21, and 23. The Court found the provisions unconstitutional and directed the Union and State governments to revise their prison manuals within three months. The judgment emphasized eliminating discriminatory practices in prisons, ensuring the dignity and equality of marginalized prisoners, particularly from Denotified Tribes.

 

“Caste discrimination in prisons violates the Constitution’s guarantee of equality and dignity under Articles 14 and 17.” Supreme Court of India

 

SOURCE – SUPREME COURT OF INDIA

READ ALSOAPPEAL INVOLVING MURDER OF BIHAR MLA AND BODYGUARD

 

 

 

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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