SUKANYA SHANTHA versus UNION OF INDIA & ORS.

SUKANYA SHANTHA versus UNION OF INDIA & ORS.

Provisions in State prison manuals and rules that classify, segregate or allocate work to prisoners specifically or indirectly on the basis of caste or by using caste‑proxy terms (e.g. "accustomed to perform such duties", "scavenger class", references to "wandering/criminal tribes" or vague categories such as "habitual" without statutory footing) violate Articles 14, 15, 17, 21 and 23. Definitions or references to "habitual offenders" in prison rules must conform to any valid state habitual offender legislation; where no such legislation exists, such references are unconstitutional. The Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 must be amended to...

Parties
Petitioner: Sukanya Shantha; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
03 October 2024
Procedural Posture
Writ Petition (c) No. 1404 of 2023 / Judgment
Outcome
Writ petition disposed of; impugned provisions declared unconstitutional and directions issued
Legal Topics
Caste Based Discrimination, Prison Manuals, Habitual Offenders, Denotified Tribes, Untouchability, Forced Labour, Model Prison Manual 2016, Model Prisons and Correctional Services Act 2023, Legal Services Authorities and Prison Inspection
Constitutional Law Prison Law Human Rights Criminal Law Administrative Law Caste Based Discrimination Prison Manuals Habitual Offenders +6 more

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Parties

Sukanya Shantha

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 1404 of 2023 / Judgment

Legal Issues

  1. 1 Whether provisions in various State prison manuals and rules permitting caste-based classification, segregation and allocation of work violate Articles 14, 15, 17, 21 and 23 of the Constitution of India
  2. 2 Whether references to and classifications of "habitual offenders" in prison manuals/rules unlawfully target denotified/wandering tribes and are constitutionally permissible
  3. 3 Whether caste-based division of labour in prisons amounts to forced labour prohibited by Article 23

Ratio Decidendi

Provisions in State prison manuals and rules that classify, segregate or allocate work to prisoners specifically or indirectly on the basis of caste or by using caste‑proxy terms (e.g. "accustomed to perform such duties", "scavenger class", references to "wandering/criminal tribes" or vague categories such as "habitual" without statutory footing) violate Articles 14, 15, 17, 21 and 23. Definitions or references to "habitual offenders" in prison rules must conform to any valid state habitual offender legislation; where no such legislation exists, such references are unconstitutional. The Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 must be amended to...

Court Disposition

Writ petition disposed of; impugned provisions declared unconstitutional and directions issued

Orders

  • Impugned provisions in State prison manuals/rules declared unconstitutional to the extent violative of Articles 14, 15, 17, 21 and 23
  • All States and Union Territories directed to revise their Prison Manuals/Rules in accordance with this judgment within three months