- Thursday, March 13, 2025
The court struck down the practice of distribution of work and segregation of prisoners in separate wards on basis of their castes
By: Shajil Kumar
THE SUPREME COURT on Thursday set aside caste-based discriminatory provisions in the prison manuals of around 11 states.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the Constitution mandates the replacement of ‘fundamental wrongs’ with fundamental rights.
The bench attacked the practice of distribution of work and segregation of prisoners in separate wards on basis of their castes and initiated a suo motu case to monitor the matter.
The judges observed that the battle against caste-based discrimination cannot be won overnight and it requires sustained effort, dedication, and the willingness to confront and challenge societal norms that perpetuate inequality.
The top court observed that the Constitution stands as a testament to the fight against historical injustices, and said the pervasive influence of caste necessitates continuous efforts to ensure equality and justice for all citizens.
“When faced with practices of caste-based discrimination, this Court must take an active stand. In entertaining the current petition, this Court is making its contribution to the ongoing struggle to dismantle caste-based discrimination,” it said.
“The constitution is the embodiment of the aspirations of the millions of caste-oppressed communities, which hoped for a better future in independent India. To summarise, the constitution, by its very existence, was a social revolutionary statement,” the bench said.
“It extends to the actions of citizens and private entities as well. It empowers the State to enact appropriate legislation or take executive measures to tackle caste-based discrimination,” the bench said.
“At the same time, it mandates the decision-makers to take every step to end discrimination in Indian society. The pervasive influence of caste necessitates continuous efforts to ensure equality and justice for all citizens. The manifestations of caste are too numerous to exhaustively enumerate,” the bench added.
The order came on a petition filed by journalist Sukanya Shantha, following her reports on caste-based discrimination and segregation in jails that was published in The Wire.
