The Supreme Court of India granted a final opportunity on Tuesday for states and union territories to comply with its directives to eradicate caste discrimination within prisons. This development marks a significant step in addressing systemic inequalities in the Indian criminal justice system.
The court initiated these proceedings suo moto (on its own accord) after noting the pervasive nature of caste-based discrimination within the prison system, which has been historically entrenched. Furthermore, the court tasked the National Legal Services Authority (NALSA), the statutory authority responsible for providing free legal services to marginalized communities in India, to compile a joint status report regarding compliance efforts across different jurisdictions.
The court’s order further emphasized that the reports, which were mandated to be submitted in furtherance of the apex court’s previous directives, must be submitted within three months to demonstrate adherence to the revised guidelines. Despite the court’s clear directives, compliance reports from the states and union territories have been notably absent.
The recent directive follows from the landmark judgment delivered on October 3, 2024, in the case of Sukanya Shantha v. Union of India & Ors. This pivotal ruling established that caste-based discrimination within the prison system is unconstitutional, directly violating several fundamental rights guaranteed by the Constitution of India, including:
- Article 14 – Equality before law
- Article 15 – Prohibition of discrimination
- Article 17 – Abolition of Untouchability
- Article 21 – Protection of life and personal liberty
- Article 23 – Prohibition of trafficking and forced labor
The judicial intervention is rooted in a broader societal issue concerning caste discrimination in India. The caste system has long influenced various aspects of life, including access to justice and treatment within correctional facilities. Many prisoners from marginalized communities face additional layers of discrimination that exacerbate their already vulnerable situations.
In furtherance of the Sukanya Shantha verdict, the Indian government has taken preliminary steps towards compliance by amending prison manual rules to prohibit caste-based discrimination. These amendments include significant changes to the Model Prison Manual, ensuring all prisoners are treated equally and without bias. However, the effectiveness of these measures remains contingent upon rigorous enforcement and monitoring at state levels.
The ongoing legal battle highlights a critical intersection between law and social justice in India. The court’s proactive stance acknowledges the need for systemic reforms within the penal system to uphold human dignity and equality. As states prepare their compliance reports, they will focus on whether these changes translate into meaningful improvements in treating prisoners across India.
