'No discrimination in duties on basis of caste': Modi govt amends prison manual rules

New Delhi: The Union Ministry of Home Affairs (MHA) has amended the Model Prison Manual 2016 to ensure that there is no discrimination based on caste and to prevent prisoners from being forced to do manual scavenging or cleaning of sewers inside jails.

In a letter to states, the MHA has also amended the definition of ‘habitual offender’ to ensure that people belonging to denotified tribes are not discriminated against.

This comes following an October 2024 Supreme Court judgement that ended caste-based discrimination in prisons by declaring provisions in the manual that perpetuate such practices as inhuman. The MHA has also amended the Model Prisons and Correctional Services Act 2023.

The petitioner in the case had argued that the Prison Manual was not adequate and does not address issues of caste-based division of labour, segregation, and discrimination against denotified tribes. The definition of ‘habitual offenders’ is “misused” against persons from denotified tribes in prisons, the petitioner had said.

Three new provisions under the heading ‘Prohibition of caste-based discrimination in Prisons and Correctional Institutions’ have been added to Chapter V dealing with custodial management.

Also, the Model Prisons and Correctional Services Act 2023 has seen additions on three counts. The additions made it clear that it shall be “strictly ensured” there is “no discrimination/classification/segregation” of prisoners on the basis of their case.

“It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste,” it said.

The provisions of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 shall have a “binding effect” even in prisons and correctional institutions. “Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be permitted,” it said.

The new amendment gives clarity on who is a habitual offender.

According to the new definition, a habitual offender is a person who, during any continuous period of five years, has been sentenced to imprisonment on more than two occasions on account of offences committed on different occasions and not constituting parts of the same transaction.

If a sentence is reversed in appeal or review, it will not qualify to be considered for defining a prisoner habitual offender. Also, in computing the continuous period of five years, any period spent in jail will not be considered.