The Supreme Court on Tuesday said it is unfortunate and “very sad” that 23 states and Union Territories have not yet provided information sought by the Centre in a case related to discrimination inside jails.In a landmark verdict delivered in October 2024, the apex court had banned caste-based discrimination like division of manual labour, segregation of barracks and bias against prisoners of de-notified tribes and habitual offenders by holding as “unconstitutional” the jail manual rules of 10 states for fostering such biases.
A bench of Justices J B Pardiwala and Manmohan, which was hearing a suo motu case titled ‘In Re: Discrimination inside prisons in India’ on Tuesday, noted that the Centre has filed a fresh status report highlighting further progress in the matter.
It said the report highlighted issues relating to police regulations similar to the Madhya Pradesh Police Regulations, 1937, and district-wise boards of visitors formed under the Model Prison Manual, 2016. The bench noted that the report was filed in pursuance of the directions issued by the top court on July 30 and September 10 this year.
In its July 30 order, the apex court had directed all states and UTs to ensure that a board of visitors was constituted district-wise, headed by the principal district judge of that particular district, within four weeks.
While hearing the matter on Tuesday, the bench said the report indicated that the concerned ministry had addressed letters to the additional chief secretaries/ principal secretaries (home)/ home secretaries and the director general of police (DGP)/ heads of police of all the respective states and UTs.
“Unfortunately, 23 states/ UTs are yet to reply to the information called for by the home department of the Union of India,” the bench said. It noted that senior advocate S Muralidhar, who is assisting it as an amicus curiae in the matter, has brought to its notice that the states and UTs are obliged to respond with appropriate affidavits or reports as to what steps have been taken so far regarding the constitution of district-wise boards of visitors.
“It is very sad that the states highlighted in the report are not responding to the home ministry of the Union,” the bench said. The top court granted one last opportunity to the states and UTs to immediately respond to the queries raised by the Centre on different issues so as to enable the government to file a composite report highlighting what steps have been taken so far in pursuance of the directions issued by the court.
“We make it clear today that by the next date of hearing, if the states do not respond, we shall be compelled to direct the chief secretaries/ principal secretaries of the states/ UTs to personally remain present before this court,” the bench said. It posted the matter for hearing on January 13.
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