Top Indian judge blames British rule for discriminatory practices in prisons

The top Indian court on Thursday blamed the British colonial rule for "discriminatory norms" in prisons across the South Asian nation.

The colonial history of India "indicates that British modelled their discriminatory norms in prisons in India," said Chief Justice DY Chandrachud, according to Live Law news.

British ruled Indian sub-continent for more than 100 years until 1947.

Issuing directions against discriminatory provisions in prisons, Chandrachud-led three-member bench stated that distribution of work "among prisoners based on their caste hierarchy is discriminatory and unconstitutional."

The prison manual of 2016 by the central government "suffers from lacunae," said Chandrachud, adding it "should prohibit the classification of prisoners based on caste."

Noting that "most of the laws were framed during British rule," the bench also issued several directions to stop caste-based discrimination in jails.

Caste cannot be a ground to discriminate against prisoners of marginalized classes in jails as per the state prison manuals, and such practices cannot be allowed, he added.

Early this year in January, the top court had sought responses from the central government and 11 states to a petition filed by journalist Sukanya Shantha.

The caste system divides Hindus into four categories: Brahmins, Kshatriyas, Vaishyas and the Shudras. Outside of this, are the Dalits or the untouchables.

Shantha said in the petition that there is "rampant practice of caste-based division of labor, segregation, and discrimination against the de-notified tribes inside Indian prisons."

"The state shall be held liable if a violation of Article 23 (Prohibition of traffic in human beings and forced labour) is being committed by private individuals. Prisoners can't be made to perform inhuman work and be treated inhumanely, with hatred and contempt towards caste-based discrimination and pervasive bias against such castes," the top court said.