• The ministry of home affairs (MHA) has asked states and Union Territories not to segregate prisoners on the basis of their caste and religion and to stop assigning duties like managing prison kitchens according to the discriminatory approach.

• Prisons are an important and integral part of the criminal justice system of the country as they not only discharge the critical role of keeping the offenders in custodial segregation but also help in the process of reformation of the prisoners through correctional programmes.

• ‘Prisons’ is a State Subject under State List of the Seventh Schedule of the Constitution of India. 

• The management and administration of prisons falls in the domain of the state governments. 

• However, the MHA has been providing necessary support and guidance to states/Union Territories (UTs) for efficient management of prisons in their jurisdictions. 

• The ministry said the jail manuals of some states provide for segregation of prisoners based on their caste and religion and they are being assigned duties in the prisons accordingly.

• The Constitution of India prohibits any kind of discrimination on the grounds of religion, race, caste, or place of birth. 

• The Model Prison Manual, 2016 prepared by the ministry and circulated to all states and UTs in May 2016 explicitly prohibits caste and religion-based discrimination of prisoners in the management of kitchen or cooking of food on caste or religious basis.

• The manual also provides that any special treatment to a group of prisoners belonging to a particular caste or religion is strictly prohibited.

• It also provides that no classification of prisoners shall be allowed on grounds of socio-economic status, caste or class.

Model Prisons Act, 2023

• The ministry of home affairs, through the Bureau of Police Research and Development (BPRD), in consultation with various stakeholders, including state prison authorities, correctional administration experts, etc had prepared a ‘Model Prisons and Correctional Services Act, 2023’ and forwarded it to all states and UTs on May 10, 2023, for adoption in their respective jurisdictions. 

• Along with the ‘Prisons Act, 1894’, ‘Prisoners Act, 1900’ and ‘Transfer of Prisoners Act, 1950’ have also been reviewed by the ministry, and relevant provisions of these Acts have been assimilated in the Model Prisons Act.

• The Model Act is a comprehensive document which covers all relevant aspects of prison management —  security, safety, scientific & technological interventions, segregation of prisoners, special provision for women inmates, taking appropriate action against criminal activities of prisoners in the prison, grant of parole and furlough to prisoners, their education, vocational training and skill development, etc. 

• The Model Act has appropriate provisions for reformation, rehabilitation and integration of prisoners in the society. It also has provision for welfare programmes for prisoners and after-care and rehabilitation services, as an integral part of institutional care.

• It provides for classification and security assessment of prisoners and for lodging them in separate barracks/enclosures/cells in accordance with the assessment.

• It is up to the respective state governments to make use of the guidance provided in the Model Prisons and Correctional Services Act, 2023 and enact a suitable legislation on prisons in their jurisdictions for bringing improvement in prison management and administration of prisoners. 

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