J&K admin amends Prison Manual to ban caste-based segregation, defines ‘habitual offender’

Srinagar: To ensure dignity and equality of prisoners, the Jammu & Kashmir administration has amended the Union Territory’s Prison Manual-2022 to explicitly prohibit caste-based segregation in jails and introduce a clear definition of the term “habitual offender.”

The amendments, carried out by the Lieutenant Governor-led administration, underline the government’s commitment to human rights and the constitutional principles of equality and non-discrimination — extending even to prison systems.

“It shall be strictly ensured that there is no discrimination/ classification segregation of prisoners on the basis of their caste,” state the newly incorporated provisions. The amendment also prohibits any caste-based allotment of duties or work within the prison system.

In a notable inclusion, the government has made it mandatory for all prisons and correctional institutions to comply with the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

The amended manual states unequivocally: “Manual scavenging or hazardous cleaning of a sewer and septic tank inside a prison shall not be permitted.”

Rights activists have long flagged caste-based practices and manual scavenging as discriminatory and dehumanizing, even within the confines of correctional facilities. The inclusion of these provisions is being seen as a progressive move that aligns the prison administration with national laws and international human rights standards.

In another key revision, the government has redefined the criteria for declaring an inmate as a “habitual offender.” Under the updated definition, a habitual offender is now described as someone who, within a continuous five-year period, has been convicted and sentenced to imprisonment more than twice — for offenses committed on separate occasions and not as part of the same criminal transaction.

This move is aimed at ensuring clarity in categorization and minimizing arbitrary labeling, which has implications for prison discipline, surveillance, and parole considerations.

Legal experts and prison reform advocates have welcomed the changes. “These amendments signal a shift towards a more humane and rights-based approach to prison management,” said a rights advocate, adding that ending caste-based discrimination in jails is long overdue.

The amendments come at a time when calls for prison reforms across India are growing louder, particularly around the treatment of marginalized communities and the conditions under which inmates live and work.

With these changes, Jammu & Kashmir has taken a significant step toward aligning its prison governance with constitutional values and contemporary human rights norms.