Don't allow prejudice to imprison us

The insides of a prison mirror the society outside it. So, it's unsurprising that discrimination is deeply entrenched among jail officials, workers and inmates. Earlier this week, GoI asked states, UTs and prison authorities to ensure that all incarcerated are treated equally and that no person, especially those of the LGBTQ+ community, is discriminated against in any manner. It reminded the states/UTs that Model Prison Manual 2016, and Model Prisons and Correctional Services Act 2023, state that every prisoner, including non-heteronormative ones, must be allowed reasonable facilities for seeing or communicating with family members, and that they may communicate with visitors either in person or virtually. GoI's reminder is welcome. States should listen and ensure that jail authorities follow the code in letter and spirit.

Last year, GoI nudged states to create separate enclosures or wards and earmark separate toilets and shower facilities for transgender men and women to preserve their right to privacy and dignity. The advisory came in light of the Transgender Persons (Protection of Rights) Act 2019. Earlier this month, a division bench of the Supreme Court, headed by CJI D Y Chandrachud, indicated it would direct GoI to appoint a nodal officer to eliminate caste-based discriminatory practices in prisons.

In a constitutional democracy that bars discrimination against any citizen on the grounds of religion, race, caste, sex or place of birth, these episodes of discrimination only show that India has a long way to go to fully internalise this promise. These periodic nudges from the court and the state are welcome tools to ensure we don't lose our way in our journey to achieve constitutional goals and uphold our humanity.