REGENT COMPUTRONICS PVT. LTD.

Sukanya Shantha Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) I. The Writ Petition : The petitioner, Sukanya Shantha, a journalist, wrote an article "From Segregation to Labour, Manu's Caste Law Governs the Indian Prison System", which was published on 10/12/2020. The article highlighted caste-based discrimination in the prisons in the country. The petitioner has sought directions for repeal of the offending provisions in State prison manuals. By an order dtd. 10/7/2024, judgment was reserved. We have heard a broad diversity of viewpoints from across India. Besides counsel for the petitioner and the intervenor, the Additional Solicitor General (ASG) of India appeared for the Union of India. The States of Jharkhand, Uttar Pradesh, West Bengal, Maharashtra, Orissa, Karnataka, Andhra Pradesh, and Tamil Nadu appeared through counsel.

(2.) Dr. S. Muralidhar, Senior Advocate, appearing for the petitioner highlighted the issue of caste-based discrimination in the prisons in India. It was argued that various State prison manuals sanction blatantly unconstitutional practices, which are violative of Articles 14, 15, 17, 21, and 23 of the Constitution of India. Ms. Disha Wadekar referred to a chart of provisions from different State prison manuals/rules to highlight various forms of discrimination in the prisons. She highlighted that caste-based discrimination continues to persist in the prisons in the country with respect to: (i) The division of manual labour; (ii) Segregation of barracks; and (iii) Provisions that discriminate against prisoners belonging to Denotified tribes and "habitual offenders". She further argued that the Model Prison Manual, 2016 does not address the impugned provisions related to caste discrimination inside prisons other than the discrimination in kitchens, and that it is not "model" when it comes to addressing caste discrimination. In the written submissions, the petitioner's side has further submitted that the Home Departments of the Respondent States may also be directed to clarify the definition of "Habitual Offenders" in their respective prison manuals so as to prevent its misuse against the denotified tribes in prisons.

(3.) Ms. Aishwarya Bhati, Learned ASG, submitted a written note arguing that the Ministry of Home Affairs prepared the Model Prison Manual for the Superintendence and Management of Prisons in India, 2003 and The Model Prison Manual, 2016, and circulated it to all States and Union Territories (UTs) in May 2016 explicitly prohibiting caste and religion based discrimination practices. She also referred to the Advisory dtd. 26/2/2024 issued by the Ministry of Home Affairs, through the Deputy Secretary (PR & ATC) to the Principal Secretary (Home/Jails) of all states and UTs and the DG/IG Prisons of all States and UTs to ensure that the State Prison Manual/Prison Act should not contain any discriminatory provisions. She further argued that "prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein" as a subject fall under the domain of the States under Entry 4, List II of the Seventh Schedule of the Constitution.

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SUKANYA SHANTHA Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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