Himachal Pradesh Government Amends Prison Manual to Eradicate Caste-Based Discrimination

Introduction

In a significant move towards prison reform, the Himachal Pradesh government has amended its Prison Manual 2021 to eliminate caste-based provisions and discriminatory practices inside correctional facilities. The state government aims to ensure equality among inmates by eradicating the allocation of work based on caste and prohibiting caste-related classification or segregation.

The decision follows the Supreme Court's landmark judgment in Sukanya Shantha vs. Union of India & Others (October 3, 2024), which highlighted systemic caste-based discrimination in Indian prisons. The ruling directed both the Union and State Governments to take immediate steps to reform prison policies that perpetuate caste bias.

Amendments in the Himachal Pradesh Prison Manual

The amendments, introduced under the Himachal Pradesh Prison Manual Second Amendment, 2025, were carried out under the directives of Chief Minister Sukhvinder Singh, marking a crucial step in Vyavastha Parivartan (systemic change).

Key Provisions of the Amendment:

1. Prohibition of Caste-Based Discrimination

   • Paragraph 5.66 of the manual states that no prisoner will be classified, segregated, or discriminated against based on caste inside prisons and correctional facilities.
   • Paragraph 5.67 mandates that no work or duty inside the prison will be assigned based on caste.

2. Ban on Manual Scavenging and Hazardous Work

   • Paragraph 5.68 strictly prohibits prisoners from engaging in manual scavenging, sewer maintenance, and septic tank cleaning.
   • This addresses long-standing discriminatory practices where Dalit prisoners were often forced into degrading work.

3. Removal of Caste and Religion from Prison Records

   • The prison registers (Register No. 1 & 2) will no longer record inmates' caste, community, or religious identity.
   • Earlier, caste-based classification was used to determine prison labor, food distribution, and even cell allocation.

4. Redefining Habitual Offenders

   • The amended manual provides a clear definition of "habitual offenders," ensuring that convicts from marginalized communities are not unfairly labeled as repeat offenders.
   • An individual will only be classified as a habitual offender if convicted on more than two separate occasions, not arising from the same act, and not overturned on appeal.

                     

The Supreme Court’s Landmark Judgment: Sukanya Shantha vs. Union of India & Others

On October 3, 2024, the Supreme Court of India delivered a historic ruling in Sukanya Shantha vs. Union of India & Others, acknowledging systemic caste-based discrimination in Indian prisons.

Key Observations by the Supreme Court:

1. Segregation of Prisoners Based on Caste

   • The Court found that prisoners from lower castes were placed in separate barracks and given menial jobs, reinforcing caste hierarchies inside prisons.

2. Assignment of Degrading Work

   • Dalit and marginalized prisoners were often forced into manual scavenging, cleaning toilets, and performing hazardous labor, while prisoners from privileged castes were assigned lighter jobs like clerical work or kitchen duties.

3. Unfair Labeling as "Habitual Offenders"

   • Many prisoners from Denotified Tribes (DNTs) were unfairly labeled as habitual offenders, leading to harsher punishments and longer incarcerations.

Supreme Court’s Directives to End Caste Discrimination in Prisons

1. Revision of Prison Manuals

   • The Union and State Governments were ordered to revise their prison manuals within three months to eliminate caste-based discrimination.

2. Removal of Caste-Based Classification

   • The Model Prison Manual 2016 and Model Prisons and Correctional Services Act 2023 must be updated to ensure that caste-based segregation and labor assignment are completely abolished.

3. Erasure of Caste Identity from Prison Records

   • The "caste" column in prison registers must be removed to prevent discrimination in food, housing, and work assignments.

4. Protection of Denotified Tribes (DNTs)

   • Law enforcement agencies must adhere to strict guidelines to prevent the arbitrary arrest and incarceration of individuals from Denotified Tribes.

5. Regular Inspections & Monitoring

   • The District Legal Services Authorities (DLSAs) and Boards of Visitors must conduct regular inspections of prisons to ensure compliance with anti-discrimination policies.

Impact of the Himachal Pradesh Prison Reforms

With these amendments, Himachal Pradesh becomes one of the first states in India to implement comprehensive reforms following the Supreme Court’s ruling. These changes are expected to:

✅ Ensure equal treatment of all prisoners, irrespective of caste
✅ End forced labor practices based on caste hierarchies
✅ Prevent Dalits and marginalized communities from being unfairly labeled as habitual offenders
✅ Uphold constitutional rights and dignity for all inmates

The Supreme Court’s intervention and the Himachal Pradesh government’s proactive approach mark a major step toward social justice and prison reform in India. However, strict enforcement and nationwide implementation remain crucial to ensuring lasting change.

Conclusion

The amendment of the Himachal Pradesh Prison Manual in line with the Supreme Court’s landmark ruling in Sukanya Shantha vs. Union of India & Others represents a transformative shift in India’s prison system. These reforms challenge centuries-old caste discrimination and move towards a more humane and just correctional system.

Now, the question remains: Will other states follow Himachal Pradesh’s lead in reforming their prison systems?