Long overdue reckoning
In the rich and illustrious history of India, caste-based discrimination has been one of the several sore points. While the Indian Constitution outlawed caste discrimination over seven decades ago, it continues to torment certain segments of society even today. Worse still, the traces of such maladies linger even in institutions of the State. India's fight against caste-based discrimination has been a long and arduous journey, and it should go on for now. Early this month, based on a petition filed by journalist Sukanya Shantha, the Supreme Court struck down provisions perpetuating caste-based discrimination in prison rules. The ruling is obviously a pivotal moment for the country’s justice system. However, it also raises uncomfortable questions about how the deeply ingrained caste bias continues to shape the contours of the very institutions meant to uphold equality and justice.
It is a sad reality that the archaic language prevailing in prison manuals across several states is a manifestation of a system rife with casteist undertones. Terms such as ‘habitual offenders’, ‘prison-cooks of suitable caste’, and ‘communities accustomed to performing menial tasks’ bulwark the very social hierarchies that the Constitution sought to dismantle. These provisions not only violate the spirit of Articles 14, 15, 21, and 23 of the Constitution, but also highlight how caste continues to dictate the treatment of individuals within the criminal justice system. That a grossly unjust system has been infringing upon the rights of marginalised prisoners for quite a long time, feeding upon deliberately maintained loopholes, is a matter of shame for the entire country. India’s prison manuals, as evidenced in shrouded wordplay of various state regulations, continue to assign tasks to prisoners based on caste—while the upper castes have been assigned jobs like cooking, menial tasks are handed over to those belonging to lower castes. Such a system codifies caste stereotypes, casting marginalised communities into roles that reinforce their social subjugation. While an offshoot of a widely prevalent social ill, the codification in institutional settings is worse than the broader caste discrimination in general, as it comes with a stamp of validation.
In its ruling, the Supreme Court Bench, headed by Chief Justice DY Chandrachud, rightly declared these caste-based provisions unconstitutional, emphasising that they violate the fundamental rights guaranteed under the Constitution. The Bench observed that caste cannot serve as a basis for discriminatory classification in prisons, as it contradicts the principles of equality and social justice. Importantly, the court noted that while caste can be a ground for classification where it benefits marginalised communities, it cannot be used to perpetuate oppression. The ruling also addressed the flawed notion of ‘habitual offenders’, a term often weaponised against denotified tribes. By classifying entire communities as prone to criminal behaviour, the prison manuals have long perpetuated colonial stereotypes about certain tribes and castes being inherently ‘bad’ or ‘dangerous’. This bias has led to the unfair targeting of individuals from these communities.
The Court’s decision to abolish caste references in prison records and rules sends a powerful message. However, it also demands swift and comprehensive reforms. The Union and state governments are reported to have been directed to amend their prison manuals and eliminate discriminatory language. This ruling is but a small step in a larger battle against the all-pervasive caste system in India. As the Court itself acknowledged, prisons are not the last bastion of caste-based discrimination. Caste prejudice is deeply embedded in society and manifests in various sectors, from education to employment and even daily social interactions. The challenge now is to ensure that this landmark ruling translates into tangible changes on the ground. Thankfully, an important step has been taken.
