Jail Rules: The Union Home Ministry has amended the Jail Rules to check discrimination and classification of prisoners on the basis of their caste in jails. The Union Home Ministry, in a letter sent to the Chief Secretaries of all states and Union Territories, has said that to resolve the issue of any caste-based discrimination against prisoners, the “Model Prison Rules, 2016” and the “Model Prison Rules, 2016” will be issued. The Prison and Correctional Services Act, 2023 has been amended.
These changes have been made in view of the Supreme Court’s order of October 3, 2024 on caste-based discrimination against prisoners. According to the new amendment made in the Prison Rules, the prison authorities will have to strictly ensure that there is no discrimination, classification or segregation of prisoners on the basis of their caste.
‘It should be strictly ensured that there is no discrimination on the basis of caste’
It said, “It will be strictly ensured that there is no discrimination against prisoners on the basis of their caste in the allotment of any duty or work in prisons.” Changes have also been made in ‘, in which a new heading ‘Prohibition of caste-based discrimination in prisons and correctional institutions’ has been added as section 55(A).
Cleaning of sewer or septic tank will not be allowed.
The Home Ministry also said that the provisions of the “Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013” will have binding effect in prisons and correctional institutions as well. It says, “Manual manual scavenging or hazardous cleaning of sewers or septic tanks will not be allowed inside the jail.”
The Home Ministry said that since many States and Union Territories have not implemented the Habitual Offenders Act in their jurisdiction and after examining the definition of habitual offenders in the available Habitual Offenders Acts of various States, the Model Jail Rules, 2016 and the Model Jail and It has been decided to change the existing definition of ‘Habitual Offender Act’ in the Correctional Services Act, 2023.
The Supreme Court had also given instructions in its order regarding “habitual criminals” and had said that the Prison Rules and Model Prison Rules would be as per the definition of “habitual criminals” in the laws enacted by the respective state legislatures. The court had directed that if there is no habitual offender law in the state, then the central and state governments will make necessary changes in the rules and regulations in accordance with its decision within a period of three months.
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