Upholding Constitutional Values:
MHA: Home Ministry Directs States to Eliminate Discriminatory Practices in Prison Manuals
In a significant move towards upholding constitutional principles of equality and non-discrimination, the Union home ministry has issued a directive to all states and union territories, urging them to review and amend any provisions in their prison manuals or acts that perpetuate segregation of prisoners based on caste and religion.
The advisory, sent out on February 26, comes in response to concerns raised about the existence of discriminatory provisions within state prison manuals. These provisions not only violate the fundamental rights enshrined in the Constitution of India but also contradict the principles of justice and equality.
The genesis of this action can be traced back to a Public Interest Litigation (PIL) filed in the Supreme Court, which highlighted instances of caste-based discrimination and segregation of prisoners in jails. The PIL, initiated by journalist Sukanya Shantha and supported by evidence from a report compiled in 2020, shed light on the systemic issues within the prison system.
Central to the advisory is the reminder that the Constitution prohibits discrimination on the basis of religion, race, caste, or place of birth. The Ministry of Home Affairs (MHA) has stressed that any segregation or assignment of duties based on these factors is unconstitutional and must be rectified immediately.
To guide states in aligning their practices with constitutional values, the MHA has referenced the Model Prison Manual of 2016. This comprehensive document, crafted by
the MHA and circulated to all states and UTs, explicitly prohibits caste and religion-based discrimination in prison management, including tasks such as cooking and assignment of duties.
Furthermore, the MHA has reiterated the importance of adopting the comprehensive ‘Model Prison Act, 2023,’ which emphasizes security assessments, segregation of prisoners, provision for separate wards for vulnerable groups such as women and transgender individuals, and penalties for staff involved in malpractices.
In addition to addressing discriminatory practices, the advisory underscores the need for states to maintain accurate and updated prisoner databases on the e-prisons platform. MHA This step ensures transparency and accountability in the management of prisons, leaving no room for oversight or neglect.
By taking proactive measures to eliminate discriminatory provisions and uphold constitutional values within the prison system, the Union home ministry aims to foster an environment of fairness, equality, and justice for all individuals, regardless of their background or identity. This directive serves as a crucial step towards creating a more inclusive and rights-respecting society.
+ There are no comments
Add yours