Inequality In Shackles - An Analysis Of Discrimination In Prison Manual Of States

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:20:22.415+00:00

Updated: 2026-08-30T07:12:38.292Z

INEQUALITY IN SHACKLES: AN

ANALYSIS

OF DISCRIMINATION IN PRISON MANUAL OF STATES

Arnav Kesar, Maharaja Surajmal Institute

ABSTRACT

The Constitution of India is the supreme document from which our socioeconomic, political and Cultural rights emanate. The framework extends the right to equality and prohibition of discrimination on the basis of caste to those sentenced and serving their time in jail. However, Prison manuals in many states prima facie appear to overstep this enshrinement by explicitly following the practices of “Untouchability” and allocating “Degrading work” to prisoners belonging to lower castes. This paper is an attempt to highlight the unguided powers provided to jail authorities and its utilization in utter discriminatory and arbitrary ways to follow the command of their own prejudice. Chapter I of the paper is dedicated towards introduction of the Concept of equality incorporated in our constitution and why it was not limited to Article 14, while also incorporating Articles 15-18.

Chapter II aims to understand the reach of the Constitutional Values in respect of the penitentiary system. Chapter III discusses how the prisons functioned through manuals and the recent developments in their governance. Chapter IV highlights the gap between policy and practice with the help of legal developments in the respective subject matter. Chapter V at the end provides a Conclusion and suggestions which can be made to make the reality in consonance with our Constitutional principles. Keywords: Constitution, Discrimination, Equality, Jail, Untouchability I.

INTRODUCTION

Prison is an institution where an offender is kept for his deeds. It is a place that came under the purview of Constitutional law recently, and with the changing of the time it has been structurally varied over the years. It is a place that alienates the people residing in it from the outside world and keeps them under the control of an authority that administers and manages them through a set of rules and unwritten codes. For the purpose of understanding, it is viable to gain an insight of the term and its place in our constitution, which will be followed by acts, amends and possible reforms in the future. 1. 1- UNDERSTANDING THE TERM “PRISON” The term prison has been defined as “A Public building or other place for the confinement of persons, whether as a punishment imposed by the law or otherwise in the course of administration of justice1”.

Prisons are the places where lawbreakers reside involuntarily2. Goffman called it a “Totalitarian Institution” as people who are kept in it are enclosed and alienated from civilised life3. This Institution controls all the aspects of inmates, from the start of their day till the night. 4 Therefore, it has been given the definition that restrains liberty of an individual as a consequence of the commission of a prohibited act or omission. The terms “ Prison” and “ Jail” are used interchangeably nowadays, but it is necessary to distinguish both words to gain an understanding of correctional facilities sanctioned by the state. Jail is a term that is used for confinement and short-term detention of the offender, while prison is for large incarceration and is usually utilized as a place for offenders are kept as a punishment5. 1.

2- CONCEPT OF EQUALITY AND ITS EXPANSION THROUGH ARTICLE 15- Article 14 is expressed in a negative manner6, It states that “ State Shall not deny to any person equality before law... ” The layman's understanding of the phrase means that the state cannot

1 Henry Campbell Black, Black’s Law Dictionary 1358 (St.Paul, Minn, West Publishing Co. 1968)

2 Devasia, V. V., & Deyasia, L. (1988). Prison as a Social System and Prisonisation in Relation to Prison Administration. Indian Journal of Public Administration, 34(1), 144-151. https://doi.org/10.1177/0019556119880114 3 Goffman, E. (1961). Asylums: Essays on the social situation of mental patients and other inmates. Anchor Books.

4 Ibid

5 Bell v. Wolfish, 441 U.S. 520 (1979)

6 V. N Shukla, Constitution of India 48, Revised by Mahendra Pal Singh( Eastern Book Company, Lucknow 13th Edn) put any one person above the other and each citizen must be looked upon with the same eye as any other one. The Constitution makers envisioned that only one article would not be able to eradicate centuries-old social and economic inequalities, therefore the term “Equality” was specified through the addition of Articles 15-18. 7 The Core of the concept lies in the idea that “Equals must be treated equally while unequals must be treated differently8”. Accordingly, Dworkin defined it as an entitlement of equal respect and concern. 9 A reasonable classification is expected from the legislative statutes and other bye-laws framed under it and for it to be called that there are two conditions which need to be fulfilled- 1.

The classification be founded on “Intelligible differentia” that clearly distinguish persons or things that are grouped together from others that are not; and 2. The differentia must have a nexus with the object it sought to achieve. 10 A classical example of it is, a provision incorporated which provided immunity to ex-rulers of Indian states from civil process on the ground that they constituted a separate class due to consideration of them being the sovereign rulers before Independence. 11 Now when the question comes what would be the reasonable classification to allocate work to Prisoners in jails so that they would constitute a distinct class and would carry a just and fair purpose behind it. The Hon’ble Court is of the view that application of Article 14 arrives when discrimination is meted out of equals and similarly positioned without any rational basis.

12 The word “Only” which appears in clause (1) of Article 15 13appears to give the expression that given grounds should not be the sole consideration for the treatment provided, It states that “the State shall not discriminate against any citizen on grounds only of religion, caste, sex, place of birth or any of them” In this case, Article 16 is of much relevance as it is considered to be the species of the genus Article 14. 14 Clause (2) states that “No citizen shall, on grounds only of religion, race, caste, Sex, descent, place of birth, residence or any of them, be ineligible or discriminated against in respect of, any employment or office under the state15” The extent to which these rights available is a matter of contention, Justice Krishna Iyer observed that “The operation of

7 Ibid

8 Vikram Cement v. State of M.P, 2015 (11) SCC 708

9 R.Dworkin, Taking Rights Seriously (1997( 223

10 State of W.B v. Anwar Ali Sarkar, AIR 1952 SC 75

11 Mohanlal Jain v. Sawai Man Singhji, AIR 1962 SC 73

12 State of Haryana v. Ram Kumar Mann, 1997 (3) SCC 321

13 Constitution of India

14 M.P Jain, Indian Constitutional Law 1002 (Lexis Nexis,Gurgaon,8th edn,2018)

15 The Constitution of India

Articles 14,19 and 21 may be pared down for a prisoner but not puffed altogether16”. Therefore, by following, the general rule of onus to establish discrimination and prove there is no reasonable classification rests on the person asserting it17, this paper attempts to highlight the discrimination explicitly followed in manuals of jail authorities of allocating sacred work like cooking to the ones belonging to a Higher caste and cleaning and sweeping to those belonging to lower strata. II- REACH OF THE TERM “CONSTITUTIONAL VALUES” IN PENITENTIARY SYSTEM 2. 1- PRISONS ACT,189418 The governance of Prisons is given to the respective states, under Entry 4 of List II19 of our constitution. The Prisons Act 189420, which was introduced to amend the laws relating to the subject matter and to provide regulations for overseeing administration and management is evidence of it.

Under section 3(1) of the act it defines the term Prison as “Any jail or place used permanently or temporarily under general or special order of a State Government for the detention of prisoners.... ” Section 4 provides that the state government is responsible for the accommodation of prisoners. Section 5 states that the Inspector General is responsible for overseeing administration and management of prisons in a state, while section 11 of the act, gives the responsibility of discipline, labour, expenditure, punishment and control to the Superintendent of every jail. Section 16 obligates the residing of Jailor and others like gatekeepers and convict officers are also provided their share of responsibilities in the act. 2.

2- JAIL MANUAL It can be defined as delegated legislation which is framed to facilitate day to day administration of prisons in all the states and respective union territories of India. They are the compendium

16 Sunil Batra v. Delhi Administration, AIR 1980 SC 1579

17 Mohd Shujat Ali v. UOI, AIR 1974 SC 1631

18 The Prisons Act,1894 (Act IX of 1894)

19 Constitution of India

20 The Prisons Act,1894 (Act IX of 1894)

of Rules, Regulations, Orders and the various amends inserted for convenience at regular basis. These are framed under the Prisons Act,189421 2. 3- ALL INDIA COMMITTEE ON JAIL REFORMS (1980-1983) All India Committee on Jail Reforms, also known as the Mulla Committee was formulated for the purpose of examining various aspects like administration, living conditions, effectiveness of existing prison laws and management being done in various prisons across the country. In its report, it came up with various suggestive recommendations, which included better living standards, respect for human rights, access to medical facilities, uniformity in prison administration and focus on Rehabilitation rather than retributive approach, etc. The problem which arises in many cases is the non-uniformity in these manuals which led to the following of arbitrary and discriminatory practices.

In the case of Ramamurthy v. State of Karnataka,22 The petitioner(A prisoner in the central jail of Banglore) wrote a letter to the Hon’ble Chief Justice of India about the abysmal condition in jail, later the court exercised its epistolatory jurisdiction and converted it into a writ petition. The court recommended that subject of prisons should be included in the concurrent list for creating uniformity in the penitentiary system while the central government was asked to enact a law to be uniformly applicable all over the country. 2. 4- MODEL PRISON MANUAL OF 2003 23 A Step was taken after the Ramamurthy24 case and The Bureau for Police Research and Development (BPR&D) constituted a Model Prison Manual Committee at the national level to develop a Model Prison Manual in the year of 200025. Its directions acted as guidelines for many states to incorporate and implement thereto.

26 It mainly recommended introducing a Humanistic approach in the prison system by, firstly, recognizing the Rights of the prisoners which included Right to Human dignity, Basic Minimum needs, against Arbitrary Prison Punishment, and Secondly, Bringing uniformity in the administration of various jails, Lastly,

21 Ibid

22 AIR 1997 SC 1739

23 Model Prison Manual, India, available at

https://www.mha.gov.in/sites/default/files/2022- 12/ModelPrisonMan2003_14112022%5B1%5D.pdf (last visited on August 27,2024)

24 Ibid

25 Unit2:Prison Manual, Indra Gandhi National Open University, New Delhi, available at:

https://egyankosh.ac.in/bitstream/123456789/38951/1/Unit-2.pdf ( last visited on August 27,2024)

26 Ibid

Inspection to be done on periodic intervals by senior police officials and independent bodies to ensure compliance with manual ‘s guidelines. 27 2. 5- INDIAN JUDICIAL PRECEDENTS UPHOLDING HUMAN RIGHTS OF PRISONERS Through a catena of judgments, the human rights of prisoners were provided by courts and these are as follows- (a) In the case of State of Maharashtra v. Prabhakar28, A person named Prabhakar Pandurang was detained by the government of Maharashtra under Section 30[1][b] of the Defence of India Rules,1962. He wrote a book of science in Marathi and wanted to publish it, subsequently denied by the authorities on the basis of public safety and maintenance of Public order. The Hon’ble Supreme Court upheld the decision given by the High Court of Bombay and was of the view that the Government shall not restrict detenu for Publication of books. (b) In the case of Charles Sobraj v.

Supdt. Central Jail, Tihar29 ,The Petitioner was a French citizen known for committing multiple murders, during the time of his serving in Tihar jail, he alleged the inhumane condition in jails involving petrifying psychological effects of Solitary confinement, violation of fundamental rights and unhygienic conditions. The Hon’ble Court took the stance that Prison does not strip individuals of their fundamental rights. (c) In the case of Kishore Singh Ravinder Dev and Ors v. State of Rajasthan30, The Brother of the aggrieved filed a writ petition under Article 32 for the violation of fundamental rights under Article 21 and alleged that was subjected to illegal solitary confinement and putting on Iron fetters for a long duration of time.

Rule 79 and 1(f) of the Rajasthan Prison rules which provided discretionary power to the superintendent for the use of special precautions making him the sole judge of measures to be taken were held arbitrary. The court held that old rules and

27 Ibid

28 AIR 1966 SC 424

29 AIR 1978 SC 1514

30 AIR 1981 SC 625

instructions issued under the Prisons act are not in line with Article 21 and its interpretation through catena of judgments. (d) In the case ofVeena Sethi v. State of Bihar31, The court declared that the unending detention of under trial with or without legal proceedings is a blatant attack on Article 21 and every person has a right to a speedy trial and due process of law needs to be applied. The Hon’ble Court also observed that those who are mentally ill cannot be put in jail for a prolonged period and must be provided treatment fairly and ensure their release if their detention is found unjustified. (e) In the case of Sunil Batra v.

Delhi Administration32 , The Case monumentally laid down that Article 21 conveys that the” law must be just, fair and practical” and not “ arbitrary, draconian or oppressive in nature” If the latter case is found then no procedure would be considered following the purpose of Article 21 and hence void per se. (f) In the case of Francis Coralie v. Union Territory of Delhi33, The Detenu ‘s right to have interviews with her friends and close ones was upheld. Hon’ble Justice Bhagwati expanded the term “Person Liberty” by including the right of socialization. III- ANALYZING OF PRISON MANAGEMENT THROUGH MANUALS AND RECENT DEVELOPMENTS In order to examine the issue of prison management there needs to be an understanding of approaches applied throughout the centuries for treating prisoners and allocating powers to jail authorities.

In essence, they reflect how prisoners were perceived, their conditions and lastly the use and abuse of power and shifting paradigm of human rights. 3. 1- HANDS OFF DOCTRINE It was an approach where courts were prevented from intervening in the management and administration of prisoners and their rights were not be determined by the Judiciary but by the

31 AIR 1983 SC 339

32 AIR 1980 SC 1579

33 AIR 1981 SC 746

authorities which kept them. 34It was prevelant in the United States till the 1960s and at that time lawsuits filed by those aggrieved were often rejected. 35 In the case of Ruffin v. Commonwealth36, the approach was depicted where it was held that as a consequence of a crime committed by a criminal, he not only forfeits his liberty but all his personal rights and for the remaining period of his sentence remains the slave of the state. However, a ruling in a landmark case overturned the approach, In the case of Cooper v. Pate (1964)37, An African American prisoner of an Illinois state prison filed a lawsuit where he alleged that he was being denied the right to practice his religion and being discriminated against by placing him in solitary confinement. It was a significant case where the court held that protection for prisoners comes under the umbrella of the U. S.

Constitution and they are entitled to sue the state officials in federal court. 3. 2- REHABILITATION AND REINTEGRATION APPROACH The rehabilitation approach mainly focuses on curing the psychological and other mental illnesses of the criminal to enable him to be part of the civilised society once he is released. The purpose of it is not to dehumanize the person who committed the crime but to uplift him to a stage where he can be free from the evil veil of crime. George Bernand Shaw rightly pointed out “ If you are to punish a man retributively, you must injure him, If you are to reform him, you must improve him.. ” Justice Krishna Iyer also observed that “ Every saint has a past, and every sinner has a future38” Reintegration is a supplement to rehabilitation which provides that the person who committed the crime needs to be adjusted in the society and it is the task of penology to do so.

Therefore, the leaning of Human rights aspect and of the contemporary jurists have shifted towards this approach. 34 Sigler, R. T. , & Shook, C. L. (1995). The Federal Judiciary and Corrections: Breaking the “Hands-Off” Doctrine. Criminal Justice Policy Review, 7(3-4), 245-254. https://doi. org/10. 1177/088740349500700302

35 Ibid

36 21 Gratt 790 (1871)

37 378 U.S 546

38 Mohammad Giasuddin v. State of Andhra Pradesh, AIR 1977 SC 1926

3.3 IN RE

INHUMAN CONDITIONS IN 1382 PRISONS39 This case notably brought the issue of the management of the prison to prominence.It began in

2013 when the Supreme Court took Suo Motu Cognizance of the matter where reports and

regular complaints were there regarding the conditions in Indian Prisons. It included poor sanitation, insufficient food, lack of staff and the lengthy detention of prisoners. The core issue was the violation of fundamental rights of Prisoners granted under Article 21 of the Indian Constitution. Recognition of rights by the apex court made it evident that prison should not be “lawless” but within the constitutional framework. In order to ensure this, certain guidelines were given as follows:-

1. The issue of overcrowding needs to be addressed;

2. Prisoners are like all human beings needs to be treated with “respect” and “dignity”

which needs to be ensured through proper directions;

3. The undertrial committee needs to oversee and ensure the implementation of section

436 and section 436 A of the Criminal Procedure40;

4. The Director General/Inspector General of prisons need to make sure that funds are

being utilized properly for improving living conditions of prisoners. It includes health, hygiene, food, clothing and rehabilitation, etc;

5. Offender Management system(OMS) is there in all Central and and District jails as

earliest as possible;

6. The Ministry of Home Affairs needs to conduct an annual review of the implementation

of Model Prison Manual;

7. A similar manual needs to be prepared for Juvenile Homes under the Juvenile Justice

(Care and Protection of Children) Act,2015. 41

39 AIR 2016 SC 993

40 The Code of Criminal Procedure, 1973 (ACT NO.02 OF 1974)

41 AIR 2016 SC 993

Below is the report presented by the National Crime Records Bureau (NCRB),42 the list of prisons in India, the task seems arduous to achieve. Table 1: Types of Jails in the Country as on 31st December 2019

3.4 MODEL PRISON BILL 2023

The Government is planning to replace the obsolete colonial-era Prison Act of 1894 in order to fill the lacuna and bring necessary reforms in their prison systems43. The legislation aims to provide a guiding document that will be utilised by States and Union territories to match contemporary standards. It can be referred to set uniform rules, forming better regulations and preventing misuse of arbitrary power by management44. Some of the features of the act will be

42 National Crime Records Bureau ,”Prison Statistics India 2019”,19 (August 2020)

43 Model Prison Bill 2023,India, available at

https://www.mha.gov.in/MHA1/Par2017/pdfs/par2023-pdfs/LS- 08082023/3007.pdf (Last visited on August 27,2024)

44 Ibid

as follows:- (a) Focus on Rehabilitation and Reintegration: One of the primary motives for its introduction is to change the approach of providing punishment from retributive to rehabilitative. 45In our Modern era, those who commit crimes are not to be ostracised but to be accepted and corrected accordingly by institutional agencies. 46 (b) Protection of Prisoner’s rights: Through the various judicial precedents which talked about from speedy trial 47to prevent custodial violence 48needs to be incorporated in legislation. The act will contain provisions that will safeguard their innate and inalienable rights49. (c) Use of Technology: The management of prisons would be monitories by advanced technology which will enable the administration to function efficiently and without any squandering time on trivial matters50.

Technologies such as Management Information System(MIS) will be introduced along with videography feature for hearing in court. (d) Provisions for Open and Semi-Open Prisons- the differentiation between those who are convicted criminals and those who are under-trial prisoners needs to be given statutory backing, for the prevention of not equating them in equal scales of justice. This provision will enable to provide some leeway to those who have not been found guilty by Hon’ble Court. (e) Parole and Remission Reforms: The provision of lessening the sentence for good conduct and granting premature release will be a good incentive for prisoners and may instil in them understanding the importance of ethics and moral values.

51 45 Press Information Bureau,(2023,12 May) on Under the visionary leadership of Prime Minister Shri Narendra Modi and decisive guidance of Union Home Minister Shri Amit Shah, a decision was taken to review and revise colonial-era outdated Prison Act in tune with contemporary modern day needs and correctional ideology: https://pib. gov. in/PressReleseDetailm. aspx? PRID=1923682 (Last visited on 27th August,2024)

46 Ibid

47 AIR 1979 SC 1369

48 AIR 1997 SC 610

49 Press Information Bureau,(2023,12 May) on Under the visionary leadership of Prime Minister Shri Narendra Modi and decisive guidance of Union Home Minister Shri Amit Shah, a decision was taken to review and revise colonial-era outdated Prison Act in tune with contemporary modern day needs and correctional ideology: https://pib.gov.in/PressReleseDetailm.aspx?PRID=1923682 (Last visited on 27th August,2024)

50 Ibid

51 Ibid

(f) Creation of Uniform Rules: The carries the capability for providing uniformity in manuals of different states and union territories which will ensure that discretionary power will not be exploited by Superintendent or other officials. 52 IV- GAP BETWEEN THE POLICY AND PRACTISE The Model Prison Act 2023 is not have been adopted till now, and there are many gaps which are remaining and might remain in future. Jail as a term in itself carries a derogatory connotation. In a country vast like India, the challenges differ from one region to another and need to be tackled by efficient managing of resources and skilful diligence. The legislation is only a piece of document with no use if what is written in it is not being enforced and obliged thereto.

The following are the loopholes that need consideration- (a) Caste Discrimination: It is deeply rooted in our society and till this date has brought consequential damage to our nation. 53Those who are inside the prison walls are sometimes become the victims of it and are traumatized by the treatment provided to them. All the Prisoners are on equal footing and can be treated differently by considering the gravity of the offence committed, conduct in cells and other dimensions. Strict Provisions need to be made in this direction to ensure compliance with our Constitutional values. (b) Shifting from Hands off doctrine: The Judicial Activism of courts needs to be seen in circumstances where an inmate’s fundamental right has been violated.

It can be done through forming the committee for its supervision of the management of prisons across the country and conforming to United Nations Standard Minimum Rules for the Treatment of Prisoners commonly known as the Nelson Mandela Rules. 54 (c) Special Classification of Prisoners: Prisoners need to be positively discriminated on the basis of their age, gender and the gravity of the offence committed. Therefore,

52 Ibid

53 Krishnadas Rajagopal “Supreme Court seeks response from centre, States on caste discrimination in prison” The Hindu, January 03, 2024 54 United Nations General Assembly. (2015). United Nations Standard Minimum Rules for the Treatment of Prisoners A/RES/70/175 (December 17, 2015) delinquents, women and non-habitual offenders must be protected from all other convicts. Under trial prisoners also need to be differentiated from convicted ones. 55 (d) Uniformity in Jail Manuals: States and Union territories are empowered to frame their own manuals, but sometimes such provisions provide excessive delegated powers to authorities will lead to discriminatory and unjust conduct. Uniformity in it will ensure that Due process of law exists it will prevent procedural imbalance.

56 (e) Overseeing and coordination: It is often found that there is lack of check and balance found in prison system that remains unaddressed. Proper overseeing of working of prisons and involvement of non-governmental agencies (NGO) will ensure that abuse of power is reduced.

4.2 SUKANYA SHANTHA CASE57

A writ petition is filed before the Hon’ble Supreme Court which alleges the practice of castebased division of labour in prisons all over the country. It has been alleged by the petitioner that it is State Sanctioned discrimination found in jail manuals that have blatantly violated the constitutional values enshrined in Articles 14,15,17,21 and 23. The practice of “forced employment” of people belonging to lower strata is a direct violation of The Prohibition of Employment as Manual Scavenger and their Rehabilitation Act,2013. V.

CONCLUSION

AND SUGGESTIONS "Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly." - Martin Luther King Jr, Letter from Birmingham, Alabama jail, April 16, 1963. The subject of prison has been deeply analyzed in the paper, a few suggestions that can be made are first, the formation of a committee under the supervision of the Hon’ble Supreme Court to

55 Bhim Singh v. Union of India, (2015) 13 SCC 605

56 Government of India, “Model Prison Manual for the superintendence and management of prisons in India” (Ministry of Home Affairs,2003)

57 Sukanya Shantha v. Union of India, W.P© No.1404/2023

oversee the management, Secondly, the issue of overcrowding needs to be understood by the respective government, Thirdly, creation of uniform guidelines by all the states and union territories will lessen the scope of excessive delegation of powers and eventually abuse of it, Fourthly, Special classes needs to be acknowledged in order to positively differentiate between them and rest of the prisoners, Lastly, the approach which has been shifted from retributive to rehabilitative needs to be found in legislations To conclude with, the topic of prison system needs appropriate attention and acknowledgement from the government and other bodies. It must be understood that justice does not end with the conviction of a person but stays with the convict till being corrected.

Society needs to change its approach as well and prisons need not to have negative connotation but a place where rehabilitation is done.