Tamil Nadu government amends rules to prohibit caste discrimination in prisons

The Tamil Nadu government has amended rules to prohibit caste-based discrimination in prisons and correctional institutions in the State. A sub-rule introduced in the Tamil Nadu Prison Rules, 2024 said manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison should not be undertaken, in line with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

At the time of admission of a prisoner, prison authorities should not enquire or obtain and record any details of the caste of the prisoner, according to the fresh sub-rule. There should be no provision or column pertaining to caste of the prisoner shall be maintained in any register or record. “It shall be strictly ensured that there is no discrimination or classification or segregation of prisoners on the basis of their caste,” the rules said.

“It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste,” it said. The provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 should have a binding effect in prisons and correctional institutions.

“Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be undertaken”, the new sub-rule said.

In October last, the Supreme Court had delivered a judgment directing the Union government and States to revise their respective prison manuals and rules to address caste-based discrimination in prisons.

The sub-rule has been included after the rule of separation of categories in prisons. Prisoners are segregated subject to the availability of accommodation on various categories as per the TN Prison Rules, 2024. They are segregated on ‘A’ class prisoner from ‘B’ class prisoners, civil prisoners from criminal prisoners, female prisoners from male prisoners, adult prisoners from young offenders, convicted prisoners from under-trial prisoners, habitual prisoners from non-habitual prisoners, prisoners suffering from communicable diseases.

Prisoners suspected to be suffering from mental disorders, homosexuals, sex perverts, drug addicts and traffickers in narcotics, inmates having suicidal tendencies, inmates exhibiting violent and aggressive tendencies, inmates having escape discipline risks and known bad characters are the other segregations, as per the rules.