Discrimination behind the walls: a comparative study of discriminatory practises in indian and South African prison institutions
Discrimination behind the walls: a comparative study of discriminatory practises in indian and South African prison institutions

Summary/Abstract: This study aims to investigate the issue of caste biasness and racial discrimination in Indian and South African prisons that project the violation of dignity and equality of an individual. The objective of this paper is to highlight the hierarchies existing behind the walls of Indian and South African prisons. Adopting a doctrinal legal research methodology, this paper analyses and compares the provisions of the Indian Constitution, the Prisons Act, 1894 and the provisions of South African Constitution having an enduring legacy of apartheid where the racial hierarchies mould the patterns of incarceration. The findings reveal the patterns of unequal treatment and forced labour in India and discriminatory practises against the South African black inmates further demonstrating how racial and caste hierarchies reproduce within the prison spaces. The paper calls for immediate reforms through anti-discrimination training, inclusive prison policies and independent oversight body within India. Addressing this biasness in prisons is thus not merely an obligation but a moral imperative in order to uphold dignity and equality of citizens to build inclusive correctional institutions in accordance with SDG 16 .

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