Supreme Court on Thursday took note of the discrimination among prisoners in jail while it was hearing a PIL seeking prevention of caste-based discrimination and segregation at prisons. The apex court observed that the manual directly discriminates by assigning cleaning and sweeping tasks to lower caste and assigning cooking to the higher caste and it is in violation of Article 15.

It further said that such practices lead to unfair division of labour in the prisons and type of labour assignment based on caste etc. cannot be permitted. A bench headed by Chief Justice DY Chandrachud issued a slew of directions to stop caste-based discrimination in jails.

"Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals,” the bench said, adding such practices cannot be allowed. The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions," observed the court while directing the police to work in right earnest to deal with the cases of caste-based discriminations.

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The bench set aside the objectionable rules by the states asking them to amend them and stated that prisoners belonging to certain classes will have the right to get fair distribution of work in jails.

The court also said that selection of sweepers from a particular caste is opposed to substantive equality.

Earlier in January, the court had sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on a plea filed by Sukanya Shantha, a native of Kalyan in Maharashtra.

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The court had acknowledged the submissions that jail manuals of these states discriminate in the allocation of work inside their prisons and inmates' caste determines the places where they are lodged.

The argument cited the Kerala Prison Rules, which establish a distinction between a re-convicted and chronic offender, maintaining that offenders who are robbers, housebreakers, dacoits, or thieves by habit should be identified and kept apart from other prisoners.

According to the argument, the West Bengal Jail Code specifies that labor in prison should be assigned according to caste. For example, members of dominating castes will handle cooking duties, while members of specific castes will handle sweeping duties.

(With inputs from agency)