Operation of open prisons

Recent Developments

The Supreme Court of India has recently mandated several states and Union Territories (UTs) to provide comprehensive details about the operation of open prisons within their regions. This directive is in response to ongoing concerns about overcrowding in traditional prisons, an issue that has garnered the Court’s attention.

Why is the Supreme Court Emphasizing Open Prisons?

• Prison Overcrowding: The Supreme Court views open prisons as a viable solution to alleviate the chronic issue of overcrowding in conventional prisons. These facilities are designed to reduce the psychological stress faced by convicts during their reintegration into society after incarceration. By transferring some inmates to open-air facilities, the population in high-security, closed prisons is decreased, thereby easing the burden on these overpopulated institutions.
• Supreme Court’s Role in Ensuring Compliance: The Court’s emphasis on obtaining detailed information on the functioning of open prisons is aimed at ensuring that states and UTs are actively implementing this model as part of their correctional systems. This focus also aligns with the Court’s broader mandate to safeguard prisoners’ rights and promote effective prison management.

What are Open Prisons?

• Overview: Open prisons, also known as semi-open or open jails, are correctional facilities that differ from traditional prisons by not having high walls, barbed wire, or armed guards. Instead, they rely on inmate self-discipline and community engagement. The reformative theory of justice underpins the concept of open prisons, focusing on rehabilitating inmates rather than merely punishing them. The aim is to transform prisoners into law-abiding citizens through self-discipline and community integration.
• Historical Context: The first open prison in India was established in 1905 in the Bombay Presidency, initially using prisoners as unpaid labor for public works. Over time, the concept evolved to emphasize reformation over deterrence. Post-independence, the first open prison annex was set up in Lucknow in 1949, leading to the establishment of a full-fledged facility in 1953, where inmates contributed to the construction of the Chandraprabha dam. Following independence, Constitutional Court rulings addressing inhumane prison conditions prompted a shift towards prison management that emphasizes reform and rehabilitation. The courts urged states to ensure fair wages and support reintegration, leading to the rise of open prisons as a reformative approach.
• Features: Inmates in open prisons have the freedom to leave the facility during certain hours and are expected to support themselves and their families through work. According to the Rajasthan Open Air Camp Rules, 1972, open prisons are defined as “prisons without walls, bars, and locks,” with inmates required to return before the second roll call after leaving.
• Types of Open Prisons: The Model Prison Manual classifies open prison institutions in India into three types:
  • Semi-Open Training Institutions: Attached to closed prisons with moderate security.
  • Open Training Institutions/Work Camps: Focused on public works and vocational training.
  • Open Colonies: Allow family members to live with inmates, providing opportunities for employment and self-sufficiency.
• Eligibility: Each state law defines the eligibility criteria for inmates who can be transferred to open prisons. Typically, an inmate eligible for open-air prison must be a convicted prisoner with good conduct and must have spent at least five years in a controlled jail. In Rajasthan, these rules are strictly followed, while in West Bengal, a committee of jail and police officials selects prisoners with a good conduct record for transfer to open jails.
• Legal Framework: Prisons and prisoners are listed under Entry No. 4 of List II (State List) of the 7th Schedule of the Constitution of India, making them a State subject. Prisons in India are governed by the Prisons Act, 1894, and the Prisoners Act, 1900, with each state following its prison rules and manuals.
• International Perspective: Open prisons have been part of global correctional systems for centuries, with early examples including Switzerland’s Witzwill (1891) and the UK’s New Hall Camp (1936). The UN General Assembly’s Nelson Mandela Rules (2015) advocate for open prison systems to aid rehabilitation, emphasizing prisoners’ rights to employment and outside contact.
• Recommendations: The Supreme Court, in the 1996 Rama Murthy v. State of Karnataka case, endorsed the expansion of open jails. Various committees, including the All India Prison Reforms Committee in 1980, have recommended the establishment of open prisons across states. The National Human Rights Commission (NHRC) has also advocated for open prisons, highlighting their potential to alleviate prison overcrowding in several of its annual reports from 1994-95 and 2000-01.

Pros and Cons of Open Prisons

Category	Pros	Cons
Cost Efficiency	Significantly reduces operational costs.	Lack of modernization and insufficient funds.
Overcrowding	Helps reduce overcrowding in closed jails.	Underutilization due to poor awareness and acceptability.
Psychological Impact	Improves prisoners’ psychological and mental health.	Some inmates become dependent on the open prison environment.
Staffing	Requires 90% fewer staff compared to closed prisons.	Difficulty reallocating staff from closed jails due to shortages.
Rehabilitation	Promotes reformative punishment and social reintegration.	Outdated legislation and lack of provisions for under-trial prisoners.
Recidivism	Lower chances of reoffending.	Some argue it doesn’t significantly prevent recidivism.
Employment	Encourages prisoners to seek employment.	Finding local employment is challenging due to remote locations.
Socialization	Increases interaction with the outside world.	No open jails for female prisoners in many states.
Reformative Potential	Resembles Gandhian Ashrams, focusing on moral development.	Selection process can be opaque, leading to bias allegations.
Community Impact	Benefits include the transformation of perpetrators, benefiting survivors.	Security and discipline challenges, and some view the system as too lenient.

Other Types of Prisons in India

• Central Jail: Typically houses prisoners sentenced to long-term imprisonment, often more than two years, including lifers and those convicted of heinous crimes. The focus is on re-establishing the prisoners’ morality and integrity.
• District Jail: Serves as the main jail in states and UTs where there is no central jail.
• Sub Jail: Smaller than district jails, operating at the sub-divisional level with organized and well-equipped facilities.
• Special Jail: Maximum security prisons with special arrangements for specific classes of prisoners, such as those convicted of terrorism, violent crimes, habitual offenders, and serious prison discipline violations.
• Women’s Jails: Exclusively for female prisoners, ensuring their safety and staffed by women. According to the 2022 Prison Statistics from the National Crime Records Bureau (NCRB), out of India’s 1,330 prisons, only 34 are designated as women’s jails.
• Borstal School: Youth detention centers for the confinement of minors or juveniles, focusing on the care, welfare, and rehabilitation of young offenders.
• Other Jails: Jails that do not fall under the above categories. Only three states—Karnataka, Kerala, and Maharashtra—have one “other jail” each.