In a transfer to make sure parity and remove discrimination, the Supreme Courtroom on Thursday put aside provisions talked about in some states’ jail manuals that had been discriminatory. The highest courtroom not solely deprecated the apply of caste-based discrimination it additionally flagged the distribution of labor and segregation of prisoners in separate wards as per their castes. A bench headed by Chief Justice D Y Chandrachud additionally issued a number of instructions to cease caste-based discrimination in jails. Quashing the objectionable guidelines, the highest courtroom ordered states to amend the foundations inside three months.
The apex courtroom mentioned that caste can’t be a floor to discriminate in opposition to prisoners of marginalised courses in jails. “The prisoners shall not be permitted to undertake cleansing of sewers tanks in hazardous situations,” mentioned the courtroom whereas ordering that the police must work in the proper earnest to cope with the instances of caste-based discrimination.
The bench mentioned prisoners of sure courses may have the proper to get a good distribution of labor in jails. The courtroom additionally said that deciding on sweepers primarily based on a selected caste goes in opposition to the rules of substantive equality.
In January of this yr, the apex courtroom requested responses from the Centre and 11 states, together with Uttar Pradesh and West Bengal, following a plea filed by Sukanya Shantha, a local of Kalyan in Maharashtra. The courtroom acknowledged considerations raised that jail manuals in these states discriminate within the allocation of labor, with inmates’ caste influencing the place they’re housed throughout the prisons.
The plea highlighted the Kerala Jail Guidelines, which differentiate between recurring and re-convicted offenders, stating that people habitually concerned in crimes like theft, burglary, dacoity, or theft must be categorised and separated from different convicts.
It additional alleged that the West Bengal Jail Code assigns jail work primarily based on caste, with duties like cooking reserved for dominant castes, whereas sweeping is designated for people from particular castes. (With PTI inputs)
