A decision by an arm of the state that has the potential to trigger a larger debate and initiate welcome changes in the thinking of society and the functioning of the state apparatus should be hailed even if they come bit late. Hence the Supreme Court holding that the provisions in prison manuals in various states that discriminate against inmates based on their castes are unconstitutional and its direction to all states and Union territories to revise their prison manuals/rules accordingly in three months are welcome. Its historical import, however, must be judged based on how it can shake some of the inhuman and unconstitutional systems that have the protection of the past.
Independent India is 77 years old and the republic is on its 75th year. It has given to itself a Constitution that ensures equality before the law and prohibits the practice of untouchability; its legal system has criminalised its practice. Hence it must come as a shocker to all that the Indian State has still been according legal legitimacy to the treatment of its citizens as per their castes. There is discrimination in manual labour and segregation in barracks while prisoners belonging to denotified tribes and “habitual offenders” are treated differently from others. All, as per rules!
The apex court is clear that “the right to live with dignity extends even to the incarcerated” and that “there cannot be stigma attached to the existence, touch or presence of any person”. Delving into the historical perspective that would explain the precipitation of this unfair and undignified classification of human beings, the court said it is “a relic of the colonisers and pre-colonial mechanisms, where oppressive systems were designed to dehumanise and degrade those under the control of the state.” The court would want the democratic state to treat its citizens, even convicted criminals, justly and without cruelty. “The prison system must be considerate of the physical and mental health of prisoners,” it has held.
The order will have wider ramifications since it has invoked Article 23 of the Constitution which prohibits forced labour. It is a sad fact that there are prisons in India which engage inmates in various commercial activities paying them next to nothing, not even the minimum wage. The court has thrown open its doors for the prisoners to demand a status that is equal to workers everywhere and also seek social security benefits. “Article 23 can also be applied to situations inside prisons if the prisoners are subjected to degrading labour or other similar oppressive practices,” the court has ruled.
The government must take the right lessons from the Supreme Court’s decision and carry out changes in the prison manual as advised. But more importantly, it must prod society to thinks of instances where such practices still exist, unmindful of whether they are at the instance of state actors or non-state actors and initiate rectification processes there. In some cases, it might even call for new legislation. Society must also treat it as an opportunity for introspection. In that sense, the Supreme Court has given a wake-up call to all Indians, rulers and ruled alike.
