The Supreme Court declared that caste-based division of labour in prisons is “unconstitutional”.
It highlighted the provisions in prison manuals in States such as Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu, and Kerala that legitimised caste inequalities.
The Rajasthan Prison Rules, 1951, allocated latrine duties to the “Mehtar” caste, a SC community and Brahmins or “sufficiently high caste Hindu prisoners” were assigned to the kitchens.
Segregating prisoners on the basis of caste would reinforce caste differences or animosity that ought to be prevented in the first place.
The differentiating between inmates based on “habit,” “custom,” “superior mode of living,” and “natural tendency to escape” offends principles of substantive equality.
All States and Union Territories were directed to amend their prison manuals and rules within three months to abolish such discriminatory practices.
The court also mandated the removal of the “caste column” and any references to caste in the registers of undertrials and convicts maintained in prisons.
The court also ordered that necessary reforms be implemented in both the 2016 manual and the 2023 Act within three months.