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Supreme Court Condemns Caste-Based Discrimination in Prisons
Context:
The Supreme Court ruled that caste-based discrimination against prisoners, segregating their work according to caste hierarchy, and treating inmates from de-notified tribes as “habitual offenders” in prisons across India violates fundamental human dignity and personality.
About the Judgement:
- Revision of Prison Manuals: The court ordered that prison manuals be revised within three months to remove the ‘caste column’ and any references to caste in the registers of undertrials and convicts.
- The court emphasised that arbitrary arrests of members of denotified tribes must not occur.
- Violation of the Constitution: Chief Justice of India, citing Article 15(1) of the Constitution, said that “If the state itself discriminates against a citizen, it is the highest form of discrimination. The state should prevent, not perpetuate, discrimination”.
- He held that caste-based discrimination among prisoners and allocation of work based on caste amounted to untouchability, prohibited under Article 17 of the Constitution.
- Degrading labour practices violate the right against forced labour as per Article 23 of the Constitution.
- Colonial Discrimination and Habitual Offenders: Prison manuals that treat denotified and wandering tribes as “born criminals” or habitual offenders reinforce colonial-era caste discrimination.
- The court declared that any references to ‘habitual offenders’ in prison manuals, without statutory backing, were unconstitutional.
- A Form of Coercion: Segregating prisoners based on caste would only deepen caste animosity, the court observed.
- The court also stated that forcing marginalised caste inmates to perform tasks like cleaning latrines or sweeping, without giving them a choice and solely based on their caste, amounted to coercion.
- No Scavenger Class: Prison manuals that assign tasks like manual scavenging to lower castes, or refer to them as the ‘scavenger class’, practice untouchability.
- The court affirmed that the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, applies in prisons and prohibits such practices.
Caste in Modern Laws:
- The Modern Prison Manual of 2016 and the new Model Prisons and Correctional Services Act of 2023 still categorise “habitual offenders,” often members of de-notified tribes, alongside rapists, murderers, prostitutes, and brothel keepers.
- These laws assign kitchen and cooking duties in prisons based on caste and religion, perpetuating caste-based privileges.
- The court directed the Union government to amend the 2016 Manual and the 2023 Act to eliminate caste-based discrimination within three months.
Dr. B.R. Ambedkar’s Views
He is a prominent social reformer and the principal architect of the Indian Constitution, was a staunch advocate for the abolition of the caste system in India.
Ambedkar’s Critique of the Caste System
- Foundational Beliefs: Ambedkar viewed the caste system as an oppressive structure that not only divided labour but also divided labourers, creating a hierarchy that perpetuated inequality. He argued that caste was not merely a social division but a system that sanctioned discrimination and restricted individuals’ rights to choose their occupations freely, leading to economic stagnation and social disintegration. He famously stated, “There will be outcaste as long as there are castes,” emphasising that true emancipation for the oppressed could only be achieved through the complete destruction of the caste system.
- Religious Underpinnings: Ambedkar believed that the caste system was deeply embedded in Hindu religious texts and traditions, which he criticised for promoting inequality. He argued that to eradicate caste, it was essential to dismantle the religious ideologies supporting it. This perspective led him to advocate for a secular approach to society, where equality and fraternity would replace caste-based divisions.
Strategies for Abolition
- Political and Social Reform: He emphasised the importance of political power for Dalits, arguing that without political representation, any efforts to improve their social status would be futile. He was critical of leaders like Mahatma Gandhi, who sought to integrate Dalits into Hindu society rather than liberate them from its constraints. Ambedkar believed that political democracy could not thrive without social democracy, which recognises liberty and equality as fundamental principles.
- Economic Empowerment: In addition to political reforms, Ambedkar highlighted economic empowerment as crucial for Dalit liberation. He argued for land reforms that would enable Dalits to gain economic independence and dignity. His critique of land monopolies held by upper castes underscored his belief that economic disparities were intertwined with caste inequalities.
Ways to Eliminate Caste System:
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Legal Reforms:
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- Strengthening Anti-Discrimination Laws: While the Indian Constitution prohibits caste-based discrimination (Articles 15 and 17), enforcement remains weak. Strengthening laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act can help protect marginalised communities.
- Fast-Track Courts: Establishing fast-track courts for cases of caste-based violence can ensure timely justice for victims and deter future atrocities.
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Educational Initiatives:
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- Access to Quality Education: This includes scholarships, special coaching programs, and infrastructure improvements in rural areas.
- Awareness Campaigns: Promoting awareness about the harmful effects of the caste system through educational programs can help change societal attitudes.
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Economic Empowerment:
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- Skill Development Programs: Initiatives like “Skill India” should focus on providing vocational training to Dalits and other marginalised groups.
- Financial Assistance: Instead of caste-based reservations, providing financial support based on economic status can help uplift disadvantaged communities without perpetuating caste divisions.
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Social Integration:
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- Community Dialogue: Initiatives that promote inter-caste marriages and social mixing can also help break down barriers.
- Cultural Programs: Celebrating diversity through cultural programs that include all castes can promote inclusivity and respect.
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Political Will:
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- Government Accountability: This involves taking a firm stand against violence and discrimination while promoting policies that support equality.
- Engagement with Civil Society: Collaborating with NGOs and civil society organisations can enhance efforts to combat caste discrimination at grassroots levels.
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