Rajasthan Govt. Amends 'Rajasthan Prisons Rules 1951' Removing Provisions Allowing Caste/Religion-Based Allocation Of Labour In Jails

These amendments have been introduced after the Rajasthan High Court recently asked the State Government to ensure that the prisoners are not forced to indulge in menial jobs like cleaning toilets etc. merely on the basis of their caste.

The Bench of Justice Devendra Kachhawaha and Justice Sandeep Mehta had further directed,

"Considering the progressive democratic set up of our country and in order to ensure maintenance of proper hygiene in the prisons, it would be expedient in the interest of justice that the State Government considers installation of mechanized/automated cleaning facilities in all the prisons in the State of Rajasthan."

The amendments have been done by the State Government in exercise of the power conferred by Section 59 of The Prisons Act, 1894.

Significantly, the Rajasthan Prisons (Amendment) Rules, 2021 has amended Rule 67 of Section II of Part 9, Rule 13 of Section I of Part 10 and Rule 27 of Section I of Part 15 [existing clause (d) stands deleted now] of 'Rajasthan Prisons Rules 1951'

Rajasthan Govt. amends 'Rajasthan Prisons Rules 1951' removing provisions allowing caste/religion-based allocation of Labour.

"No inmate shall be selected for cooking on the basis of his caste or religion."

"No tradesman shall be chosen on the basis of his caste or religion." pic.twitter.com/sROEU8Leew

— Live Law (@LiveLawIndia) February 15, 2021

Amendment of Rule 67 of Section II of Part 9

The amended Rule 67 of Section II of Part 9 now states, inter alia, that "No inmate shall be selected for cooking on the basis of his caste or religion".

The outgoing provision read 'The cooks shall be of the non-habitual class. Any Brahmin or sufficiently high caste Hindu prisoner from this class is eligible for appointment as cook'.

Amendment of Rule 13 of Section I of Part 10

The amended Rule 13 of Section I of Part 10 now states, inter alia, that "No tradesman shall be chosen on the basis of his caste or religion.".

The outgoing provision read 'Sweepers shall be chosen from among those who, by the custom of the district in which they reside or on the account of their having adopted the profession, perform sweepers work, when free'.

Amendment of Rule 27 of Section I of Part 15

Earlier, clause (d) of Rule 27 of Section I of Part 15 stated that any member of a criminal tribe subject to the discretion of the Government shall be liable to be classed as habitual criminals.

With the latest amendment, clause (d) of this Rule now stands deleted.

Background

It may be noted that The Wire, on December 10, published a detailed investigative piece written Sukanya Shantha by on the caste practices prevalent inside prisons across different states in India.

Taking cognizance of the report, the Rajasthan High Court (in December 2020) had noted,

"As per the report, every person, who enters a prison in the State, is asked about his caste and once identified; menial jobs like cleaning toilets, sweeping the prisons etc. are assigned to the persons from lowest echelons in the society irrespective of the nature of the offence committed."

The said report also refers to the fact that the Prison Manuals of various states are still plagued by the archaic and the derogatory caste system, which the Constitution of India pledged to eradicate.

"We are of the firm view that no under trial prisoner can be assigned such duties in a prison", said the Court.

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