Observing that most of these laws were framed during British rule, the top court directed that prisoners shall not be permitted to clean sewer tanks and similar hazardous conditions.”The state shall be held liable if a violation of Article 23 (Prohibition of traffic in human beings and forced labour) is being committed by private individuals. Prisoners can’t be made to perform inhuman work and be treated inhumanely, with hatred and contempt towards caste-based discrimination and pervasive bias against such castes,” the top court said.While reading the verdict in open court, the CJI stated that the court took suo motu cognizance of discrimination inside prisons, directing the registry to list the issue after three months and requiring states to submit a compliance report regarding this judgment.Emphasising the need to protect marginalised communities, the Supreme Court stated that the court has held that the Constitution recognises SC/ST for protective discrimination. However, caste should not be used to discriminate against these groups, nor should it perpetuate discrimination against the oppressed.”There cannot be such discrimination among prisoners, and segregation will not lead to rehabilitation,” the apex court asserted.
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