MHA amends Prison Manuals to combat caste discrimination and redefine 'Habitual Offender'; asks states, UTs for strict compliance

This reform follows the landmark Supreme Court judgment dated October 3, 2024, in the case Sukanya Shantha vs Union of India and others. The Apex court had highlighted systemic caste-based discrimination and unconstitutional practices within prison systems, directing the Union and state governments to act promptly.

The MHA, in a written message delivered on December 30 last year, also instructed all states and UTs to implement these amendments and ensure strict compliance with the Supreme Court's directives. This step marks a pivotal effort to uphold prisoners' dignity and eliminate entrenched social biases within India's correctional framework."To address the issue of any caste-based discrimination of prisoners in the prisons, the following additions are made in Chapter V titled 'Custodial Management of the Model Prison Manual, 2016 at Page No. 62, with a new heading 'Prohibition of caste-based discrimination in Prisons and Correctional Institutions' as point Nos.5.68 5.69 and 5.70," mentions the message.

"The following additions are also made in Chapter XXI titled 'Miscellaneous' of the Model Prisons and Correctional Services Act, 2023 with a new heading Prohibition of caste-based discrimination in Prisons and Correctional Institutions' as Section 55(A) (i), (i) and (ii)," It added.

As per the changes, the message reads, it shall be strictly ensured that there is no discrimination, classification and segregation of prisoners on the basis of their caste. "It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste. The provisions of 'The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013' shall have a binding effect even in Prisons and Correctional Institutions. Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be permitted."

As the Apex cour also directed in its October 3 judgement in references to "habitual offenders", the MHA message says, the prison manuals and Model Prison Manual shall be in accordance with the definition provided in the Habitual Offenders legislation enacted by respective state legislatures, subject to any constitutional challenge against such legislation in the future. The court further directed that in case there is no Habitual Offenders legislation in the State, the Union and the state overnments will make necessary changes in their manualsband rules in line with their judgement within a period of three months. All references and definitions of "habitual offenders" in the impugned prison manuals and rules' have been declared unconstitutional by the court.

"Taking note of the fact that not all states and UTs have enacted the Habitual Offenders Act in their jurisdictions and after examining the definition of the habitual offenders in the available Habitual Offenders Acts of various states, it has been decided to replace the existing definition of 'Habitual Offender' in the Model Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023," It further reads.

It clarifies that "habitual offender"means a person who during any continuous period of five years, has been convicted and sentenced to imprisonment on more than two occasions on account of any one or more of the offences committed on different occasions and not constituting parts of same transaction, such sentence not having been reversed in appeal or review.

"Provided that in computing the continuous period of five years referred to above, any period spent in jail either under sentence of imprisonment or under detention shall not be taken into account."

Accordingly, the message says, the definition of 'Habitual Offender' at point No. 13 of Chapter titled 'Definitions' at page No. 20 of the Model Prison Manual, 2016 stands replaced as above.

"The definition of 'Habitual Offender' in Section 2 (12) of Chapter I titled Preliminary' of the Model Prisons and Correctional Services Act, 2023 also stands replaced as above." (ANI)