New Delhi: “right to live with dignity This also extends to people in prison” and that denying it to prisoners is “a relic of the colonialist and pre-colonial system”. Supreme Court Said. These observations were made by a bench of Chief Justice DY Chandrachud And Justice JB Pardiwala and Justice Manoj Mishra banned it in a landmark judgment on Thursday caste based discrimination Such as division of manual labour, segregation of barracks, and prejudice against prisoners from unfree tribes and habitual criminals.
It held as unconstitutional certain objectionable prison manual rules of 10 states, including Uttar Pradesh, West Bengal, Madhya Pradesh, Andhra Pradesh, Odisha, Kerala, Maharashtra, Karnataka and Himachal Pradesh.
The CJI wrote a 148-page judgment for the bench and disposed of it. fundamental rights Under Articles 14 (equality), 15 (prohibition of discrimination), 17 (abolition of untouchability), 21 (right to life and personal liberty), and 23 (right against forced labour) of the Constitution.
Dealing with Article 21, it states, “The right to live with dignity also extends to people in prison. Not providing dignity to prisoners is a relic of colonial and pre-colonial systems, where oppressive systems were “Was designed to dehumanize and degrade.” State control.
“The authoritarian regimes of the pre-constitutional era saw prisons not only as places of confinement but also as instruments of domination. This Court, focusing on the changed legal framework brought about by the Constitution, has held that prisoners also deserve the dignity Entitled to the right.”
On Article 14, it states that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India and equality is an important aspect of the constitutional vision.
“The constitutional standards laid down by the Court under Article 14 may be summarized as follows. First, the Constitution permits classification if there is a clear distinction and reasonable connection with the object sought. Second, the classification test Cannot be applied merely as a mathematical formula to arrive at a conclusion…”
The decision thereafter was related to Article 15 which prohibits discrimination on the basis of caste, race, religion, language etc.
“If the State itself discriminates against a citizen under any of the mentioned grounds, it is discrimination of the highest kind. After all, the State is expected to prevent discrimination, not to perpetuate it. That is why Our Constitution prohibits the state from discriminating against any citizen,” it said.
It states that discrimination is prohibited because it has many effects on human life and arises because of a feeling of superiority or inferiority, prejudice, contempt or hatred towards an individual or group.
“In history, such sentiments have led to the genocide of some communities. Discrimination also lowers the self-esteem of the person being discriminated against. This can lead to unfair denial of opportunities and persistent violence against a group of people Discrimination can also be constant ridicule or insulting of someone who is weaker in the social circle, this can cause trauma to the person which can affect his whole life.
“Discrimination also includes stigmatizing the identity or existence of a marginalized social group. Discrimination may also occur on the basis of certain stereotypes against a marginalized group. As a society that has organized people into a hierarchy Divided, we must be conscious of the forms and types of discrimination against marginalized groups.
The CJI said, “Discriminatory laws made before the Constitution of India came into force should be examined and struck down.”
Dealing with Article 17 which bans untouchability, he said it has been abolished and its practice in any form is prohibited.
The bench said, imposition of any disability arising out of “untouchability” would be an offense punishable in accordance with law and this provision has a special place in the Constitution as it eliminates a socially discriminatory practice.
“Article 17 states that everyone is born equal. No stigma can be attached to the existence, touch or appearance of any person. Through Article 17, our Constitution strengthens the equality of status of every citizen. Is…” .
“It is held that the right to life is inherent in Article 21 ‘It cannot be limited to mere survival of animals’ and ‘it means much more than just physical survival’,” it said.
This includes the right to live with dignity and, in fact, dignity is a part of the basic structure of the Constitution. “In that sense, human dignity is a constitutional value and a constitutional goal.”
“Human dignity is intrinsic and inseparable from human existence. This right under Article 21 includes ‘the right to protection against torture or cruel, inhuman or degrading treatment’,” the bench said.
It then commented on Article 23 which deals with the prohibition of forced labor and human trafficking and said that by allowing such prison rules States are becoming part of the crime.
It gave examples of caste-based discrimination in prisons, such as the cruelty of forcing an ‘upper caste’ person to work in any trade that would ‘disgrace him and his family’.
