Centre Amends Prison Manual To Address Caste-Based Inequality

Syllabus: GS2/Polity and Governance

Context

• Recently, the Union Home Ministry has amended the Model Prison Manual (2016) and the Model Prisons and Correctional Services Act (2023) to address and eliminate caste-based discrimination within prisons across the country.
  • Earlier, the Supreme Court of India highlighted the pervasive issue of caste-based discrimination along with overcrowding, inadequate prison staff, and poor treatment of prisoners among prisoners.

Prison Manual in India

• ‘Prisons’ is a State subject under the State List of the Seventh Schedule to the Constitution of India.
  • The management and administration of Prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.
• The Model Prison Manual, prepared by the Bureau of Police Research and Development (BPR&D) under the Ministry of Home Affairs (MHA), serves as a comprehensive guide for the superintendence and management of prisons in India.
  • It ensures uniformity in the basic principles governing prisons across states and union territories. 
• Additionally, the Model Prisons and Correctional Services Act, 2023, was introduced to address all relevant issues relating to prison administration comprehensively.

Current Scenario

• The National Crime Records Bureau’s Prison Statistics of India 2022 revealed that Scheduled Castes account for 22.4% of the prison population, while Scheduled Tribes make up 11%, despite representing only about 8.6% of the general population.
  • It highlights the deep-rooted caste-based disparities that extend into the criminal justice system.
• Issues such as the division of manual labor, segregation of barracks, and discriminatory provisions against denotified tribes and ‘habitual offenders’ have been brought to light.

Judicial Interventions

• The Supreme Court of India declared several provisions in state prison manuals unconstitutional for violating Articles 14, 15, 17, 21, and 23 of the Constitution of India.
• The judgment directed all states and union territories to revise their prison manuals to eliminate discriminatory practices within three months.

Key Features of the Model Prison Manual (2016)

• Institutional Framework: The manual outlines the organizational structure of prisons, including the roles and responsibilities of prison staff.
  • It emphasizes the need for a well-defined hierarchy to ensure efficient management.
• Custodial Management: It focuses on the procedures for the admission, classification, and transfer of prisoners.
  • It includes guidelines for maintaining discipline and security within the prison.
• Medical Care: The manual provides detailed instructions on the medical examination and treatment of prisoners.
  • It highlights the importance of regular health check-ups and the provision of adequate medical facilities.
• Rehabilitation and Welfare: One of the key objectives of the manual is the reformation and rehabilitation of prisoners.
  • It includes provisions for vocational training, education, and after-care programs to help prisoners reintegrate into society.
• Special Categories of Prisoners: The manual addresses the needs of specific groups such as women prisoners, young offenders, and high-security prisoners.
  • It includes guidelines for their treatment and management.

Key Provisions of the Recent Amendment

• Prohibition of Caste-Based Discrimination: The new rules explicitly prohibit any form of discrimination, classification, or segregation of prisoners based on their caste.
  • It includes the allocation of duties and work within the prison.
• Implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: The provisions of this Act are now binding within prisons and correctional institutions.
  • It means that manual scavenging or hazardous cleaning of sewers or septic tanks inside prisons is strictly prohibited.
• Definition of Habitual Offenders: The amendments address the definition of habitual offenders, ensuring that it aligns with the Supreme Court’s directives and the existing legislation in various states.

Impact and Significance

• Promoting Equality: Recent amendments are a crucial step towards creating a more equitable and humane prison system in India.
  • By implementing these reforms, the government is taking concrete steps to address systemic inequalities and ensure that the principles of equality and non-discrimination are upheld within the prison system.
• Human Rights & Social Justice: The changes reflect a broader commitment to upholding human rights and promoting social justice within the criminal justice system.
  • By addressing caste-based discrimination, the government aims to ensure that all prisoners are treated with dignity and respect, regardless of their social background.

Source: IE