MHA Amends Model Prison Manual to End Caste Discrimination and Forced Manual Scavenging

MHA Amends Model Prison Manual to End Caste Discrimination and Forced Manual Scavenging

The Union Ministry of Home Affairs (MHA) has amended the Model Prison Manual 2016 to eliminate caste-based discrimination and prevent prisoners from being forced into manual scavenging or sewer cleaning within jails.

In a letter to state governments, the MHA has also revised the definition of ‘habitual offender’ to protect individuals from denotified tribes from discrimination.

This change follows an October 2024 Supreme Court ruling that ended caste-based discrimination in prisons, declaring certain provisions in the manual as inhuman. The MHA has further amended the Model Prisons & Correctional Services Act 2023.

The petitioner in the case had argued that the Prison Manual was inadequate in addressing caste-based labor divisions, segregation, and discrimination against denotified tribes. The petitioner also contended that the ‘habitual offender’ label was often misused against individuals from denotified tribes.

As part of the revisions, three new provisions under the heading 'Prohibition of caste-based discrimination in Prisons & Correctional Institutions' have been added to Chapter V, which deals with custodial management. The updated Model Prisons & Correctional Services Act 2023 now emphasizes that there shall be "no discrimination, classification, or segregation" of prisoners based on their cases.

The revised provisions also make it clear that prisoners will not be assigned duties based on their caste. The Prohibition of Employment as Manual Scavengers & their Rehabilitation Act 2013 is now binding on prisons and correctional institutions, ensuring that manual scavenging or hazardous cleaning of sewers or septic tanks will not be allowed.

Additionally, the amendment clarifies the definition of a habitual offender. A habitual offender is now defined as someone who has been sentenced to imprisonment on more than two occasions during a continuous five-year period for offenses committed on separate occasions. If a sentence is overturned on appeal or review, it will not count towards the habitual offender designation. Time spent in jail will not be included when calculating the continuous five-year period.

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