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Posted 04 Oct 2024

2 min read

Recently, Supreme Court in Sukanya Santha vs. UoI & Others Case struck down provisions of Prison Manuals of several States as per which jobs were assigned to prisons based on castes.

  • Key issues highlighted in the case include persistent caste-based discrimination in prisons with respect to segregation of barracks, division of manual labour, and provisions that discriminate against prisoners belonging to Denotified tribes (DNTs) and “habitual offenders”.
  • Court also laid down guidelines for prevention of segregation and division of labour solely on the basis of the caste of the prisoners in Prisons.

Key highlights of the Judgment

  • Court struck down caste-based discrimination within prison walls as unconstitutional for being violative of Articles 14, 15, 17, 21, and 23 of the Constitution.
  • Caste column and any references to caste in undertrial and/or convicts’ prisoners’ registers inside the prisons shall be deleted.
  • Within a period of three months:
    • All States and UTs are directed to revise their Prison Manuals/Rules in line with the judgment 
    • Union government is directed to make necessary changes to address caste-based discrimination in Model Prison Manual 2016 and Model Prisons and Correctional Services Act 2023.
  • Reference to habitual offenders in the prison manuals should be in accordance with the legislative definitions of respective State Laws.

About DNTs and ‘Habitual Offenders’

  • DNTs, also known as Vimukta Jati, are the tribes that were listed originally under the Criminal Tribes act of 1871, as criminal tribes.
    • Criminal Tribes Act was repealed in 1949 and thus 'de-notified' the tribal communities.
  • ‘Habitual Offenders’ are defined under Habitual Offenders Act of respective States to categorize person who has been convicted of multiple crimes and are considered a danger to society.
    • Idate Commission (2017) recommended to immediately repeal Habitual Offenders Act by respective States as it gives scope for harassment of the members of DNTs.
  • Tags :
  • Habitual Offenders
  • DNTs
  • Idate Commission (2017)
  • Model Prison Manual 2016
  • Model Prisons and Correctional Services Act 2023
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