Ministry of Home Affairs has amended Model Prison Manual, 2016 rules and Model Prisons and Correctional Services Act, 2023 to address caste-based discrimination within prisons across country.
- These amendments have been made in compliance with Supreme Court order on caste-based discrimination of prisoners in Sukanya Santha vs. UoI & Others Case.
- SC also directed that reference to habitual offenders in prison manuals should be in accordance with legislative definitions of respective State Laws.
- Habitual offenders are individuals convicted and sentenced multiple times within five years for separate offenses, with sentences not reversed on appeal or review.
- SC also directed that reference to habitual offenders in prison manuals should be in accordance with legislative definitions of respective State Laws.
Key Amendments
- Prison authorities strictly ensure that prisoners are not discriminated against, classified, or segregated based on their caste, including in allocation of duties or work within prison.
- Discrimination based on caste is prohibited under Article 14 (equality before law), Article 15 (prohibition of discrimination), Article 17 (abolition of untouchability), etc
- Provisions of ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ shall have a binding effect in Prisons and Correctional Institutions.
- Manual scavenging or hazardous cleaning of a sewer or septic tank inside a prison shall not be permitted.
Prisons in India
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