Inequality In Shackles: An Analysis Of Discrimination In Prison Manual Of States

Arnav Kesar, Maharaja Surajmal Institute

ABSTRACT

The Constitution of India is the supreme document from which our socio- economic, political and Cultural rights emanate. The framework extends the right to equality and prohibition of discrimination on the basis of caste to those sentenced and serving their time in jail. However, Prison manuals in many states prima facie appear to overstep this enshrinement by explicitly following the practices of “Untouchability” and allocating “Degrading work” to prisoners belonging to lower castes. This paper is an attempt to highlight the unguided powers provided to jail authorities and its utilization in utter discriminatory and arbitrary ways to follow the command of their own prejudice.

Chapter I of the paper is dedicated towards introduction of the Concept of equality incorporated in our constitution and why it was not limited to Article 14, while also incorporating Articles 15-18. Chapter II aims to understand the reach of the Constitutional Values in respect of the penitentiary system. Chapter III discusses how the prisons functioned through manuals and the recent developments in their governance. Chapter IV highlights the gap between policy and practice with the help of legal developments in the respective subject matter. Chapter V at the end provides a Conclusion and suggestions which can be made to make the reality in consonance with our Constitutional principles.

Keywords: Constitution, Discrimination, Equality, Jail, Untouchability