In a step towards discouraging caste based discrimination and addressing the issue with regard to prisoners, the Ministry of Home Affairs has amended the prison manual rules across the states and union territories.

It has also redefined the ‘Habitual Offender’ term in accordance with the principles of the Constitution, as per the amendments in the prison manual.

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The MHA had sent a communication to the Chief Secretaries, Director General/ Inspector Generals of the prisons of all the states and the UTs regarding the amendments in the “Model Prison Manual, 2016” and the “Model Prisons and Correctional Services Act, 2023” in compliance with the directions of the Supreme Court on October 3, 2024.

The Home Ministry in a written communication on December 30, 2024, to the officials concerned of the states and UTs, also instructed to implement the said amendments, ensuring strict compliance as per the directions of the SC.

It is a step which marks a significant effort to uphold prisoners’ dignity and eliminate social biases within the country’s  correctional framework.

The top court had highlighted caste-based discrimination and unconstitutional practices within prison systems, directing the Centre and the state governments to act promptly with regard to the same.

All references and definitions of “habitual offenders” in the impugned prison manuals and rules have been declared unconstitutional by the court.

As per the ministry communication, a habitual offender will now mean a person who, during any continuous period of five years, has been convicted and sentenced to imprisonment for more than two times for offences committed on different occasions “and not constituting parts of the same transaction”, with the sentence not having been reversed.