Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values.
The fight against caste-based discrimination is not a battle that can be won overnight. Segregating prisoners on basis of caste would reinforce caste differences or animosity. Segregation would not lead to rehabilitation.
Furthermore, differentia between inmates that distinguishes on basis of ‘habit’, ‘custom’, ‘superior mode of living’, and ‘natural tendency to escape’, et cetera is unconstitutionally vague and indeterminate. These terms have resultantly been used to target individuals from marginalized castes and denotified tribes. Prison Manuals allot tasks of a barber to individuals from a certain caste, while sweeping work is allowed to Mehtar/Hari/Chandal or similar castes. A refusal to check caste practices or prejudices amounts to cementing of such practices.
Union Government is directed to make necessary changes to address caste-based discrimination in Model Prison Manual, 2016 and Model Prisons and Correctional Services Act, 2023 within a period of 3 months.
– Hon’ble Chief Justice of India, Hon’ble Justice Dr. D.Y. Chandrachud, Sukanya Shantha v. Union of India, [Writ Petition (Civil) No. 1404 of 2023].
