The Odisha Human Rights Commission (OHRC) has directed the State Home Department and the Directorate of Prisons to submit detailed reports on dietary arrangements for tribal prisoners in Odisha jails, with particular focus on facilities located in or serving Scheduled Areas such as the undivided Koraput district. The directions were issued on 11 November 2026, following an application filed by human rights activist Biswapriya Kanungo on 12 October 2026.

The Core Complaint

Kanungo's petition highlights that a significant proportion of inmates across Odisha's prisons belong to Scheduled Tribe communities, including those from Scheduled Areas. According to the plea, 'these communities have distinctive food practices linked to their culture, customs, local agriculture and forest produce, such as ragi, other millets, traditional pulses, roots, tubers and leafy vegetables.'

The petition further alleges that some tribal prisoners are reportedly refusing the prescribed morning diet owing to these deeply rooted food traditions — a situation that, Kanungo argues, is adversely affecting their health. Notably, the complainant has clarified that he is not seeking luxurious or personalised meals, nor any preferential entitlement based on tribal identity.

Legal and Policy Grounds

Kanungo's petition draws on several legal and policy frameworks. He invokes the Ministry of Home Affairs' Model Prison Manual, 2016, which permits dietary scales to vary according to local customs and food habits, recognises millets as cereals, and allows special diets on the recommendation of a Medical Officer. He also cites paragraph 913 of the Odisha Model Jail Manual, 2020, and Articles 14, 21, 29(1) and 46 of the Constitution of India.

Citing a Supreme Court judgment, Kanungo argues that while Article 21 does not confer a right to personalised or luxurious food, the state bears a constitutional obligation to ensure that prisoners receive adequate, nutritious, and medically appropriate meals.

What the OHRC Has Asked For

The Commission has directed the Director General of Prisons to furnish factual details on the existing prison diet, nutritional standards, and daily expenditure per inmate — particularly in jails serving Scheduled Areas. The Home Secretary has been asked to state the government's policy position on whether traditional foods can be accommodated within existing frameworks.

Specifically, the OHRC has sought information on the inclusion of millets and other locally available traditional foods in prison menus, documented instances of inmates refusing prescribed diets due to cultural food habits, and the state government's plans — if any — to incorporate locally available nutritious foods into the standard prison diet.

Next Hearing and Implications

Both authorities have been directed to submit comprehensive reports ahead of the next hearing scheduled for 4 December 2026. The case raises broader questions about whether India's prison dietary systems — largely standardised — are adequately responsive to the cultural and nutritional needs of indigenous communities. This comes amid growing national discourse on the rights of tribal populations within institutional settings, and echoes similar advocacy efforts in other states with significant Scheduled Tribe prison populations.

The OHRC's response to this petition will be closely watched by human rights groups and prison reform advocates across the country.