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The Union Ministry of Home Affairs has recently introduced significant revisions to the Model Prison Manual, 2016, and the Model Prisons and Correctional Services Act, 2023. These changes aim to eliminate caste-based discrimination in Indian prisons and establish a standardized approach to defining and treating habitual offenders across the country.

Background

In October 2024, the Supreme Court of India expressed concerns over the persistence of caste-based discrimination within prisons and the lack of consistency in how habitual offenders are classified. In response, the Court instructed the government to amend prison regulations to promote equality and fairness. The newly introduced reforms are in line with the Court's directives and focus on aligning prison practices with constitutional principles.

Addressing Caste-Based Discrimination in Prisons

The recent amendments take specific steps to combat caste-based discrimination within correctional facilities:

• Ban on Discrimination: Prison authorities are now mandated to ensure there is no caste-based segregation or bias. All work assignments and duties will be distributed impartially among inmates.
• Legal Provision Against Discrimination: A new clause, Section 55(A), titled "Prohibition of Caste-Based Discrimination in Prisons and Correctional Institutions", has been added to the Model Act, establishing a formal legal framework to address caste discrimination.
• Manual Scavenging Ban: The amendments extend the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 to include prisons, prohibiting the degrading practice of manual scavenging or any hazardous cleaning within correctional facilities.

Redefining Habitual Offenders

The updated amendments also standardize the classification and treatment of habitual offenders, in accordance with the Supreme Court’s directions:

• Uniform Definition: A habitual offender is now officially defined as an individual convicted and sentenced to imprisonment for two or more separate offences within a continuous five-year period, provided the sentences were not overturned on appeal or review. Importantly, time spent in jail under sentence is excluded from this five-year period.
• National Consistency: States that do not have specific Habitual Offender Acts must amend their laws within three months to ensure consistency with the new national framework.

Importance of the Reforms

• Promoting Equality: These amendments seek to uphold the constitutional rights of prisoners, ensuring that all individuals, regardless of caste or background, are treated equally and with dignity.
• Eliminating Degrading Practices: The extension of the manual scavenging prohibition to prisons is a vital step in eliminating degrading and inhumane practices, ensuring a more humane environment for prisoners.
• Uniform Framework: The establishment of a standardized definition of habitual offenders ensures a consistent approach in handling repeat offenders across all states, reducing the possibility of arbitrary classifications.

Conclusion

The reforms introduced by the Union Home Ministry mark a significant milestone in India’s prison reform journey. By addressing caste-based discrimination and standardizing the classification of habitual offenders, these amendments reaffirm the country’s commitment to human rights and the rule of law. These changes not only improve the conditions within prisons but also set the stage for future reforms aimed at creating a fairer and more equitable correctional system.