Gujarat High Court Orally Asks State To Take Steps Ensuring Female Prisoners Are Not Excluded From Open Prisons

The Gujarat High Court on Friday (July 31) orally asked the State government to take proper measures to ensure that female prisoners are not excluded from availing facilities at Open Correctional Institutions (OCIs), adding that "confidence" and "awareness" has to be created for these inmates to come to such correctional homes. 

The court further asked the State to submit report by the Monitoring Committee on OCIs on or before August 21, 2026 in compliance with the Supreme Court's directions. 

For context, the high court was hearing a suo motu PIL initiated in view of the directions issued by Supreme Court on 26-2-2026 in Suhas Chakma v. Union of India & Ors. The Supreme Court had on February 26 issued comprehensive directions for the effective utilisation and expansion of Open Correctional Institutions (OCIs) across the country, holding that they must function as meaningful institutions of reform and rehabilitation.

Appearing for the State, Advocate General Kamal Trivedi informed the Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray that the Monitoring Committee, chaired by former Chief Justice of the Gujarat High Court Justice Sonia G. Gokani, had held its first meeting and decided to visit OCIs in Rajasthan, Maharashtra and Telangana to find what facilities are there and therefore what could be recommended.

Advocate General said, "The State Committee shall submit status reports in the concerned High Court on a regular basis. The Committee had met and some minutes were drawn; I don't have that, but they have decided to visit Rajasthan, Maharashtra and Telangana to find out what kind of facilities are available so that recommendations can be made". 

For context the Supreme Court in its order dated February 26 directed all States and Union Territories to constitute monitoring committees headed by the Executive Chairman of the State Legal Services Authority to oversee implementation.

To this the bench orally said, "But besides that, whatever is to be done as of now. Committee will decide; we are not here to suggest the committee, but then we need a report because we have to compile and then sent to the Supreme Court". 

Meanwhile amicus curiae Senior Advocate Gautam Joshi pointed out to the Supreme Court's order that Gujarat, along with Assam, Madhya Pradesh, Odisha, Punjab, Telangana, Uttarakhand, Uttar Pradesh and West Bengal, have "expressly stated that women prisoners are not eligible for transfer to OCIs". Joshi further submitted that Gujarat OCIs also do not permit families to live with the inmates.

The Advocate General said, "There are four prisons, Ahmedabad, Vadodara, Junagadh and Amreli, where this facility is available, but my instructions are that there are no female prisoners so far as this four places are concerned. The sanctioned capacity is 200 and male inmates are only 48. There are places where we may find one or two female prisoners". He added that at three places there are no female prisoners. 

The bench however orally said, “Female prisoners are there, but those female prisoners are put up in other facilities like women correctional homes. See there is a need to upgrade the facilities with the mindset that it has to be done...It has to be properly worked out as to how you will create such facilities for female prisoners". 

The AG said that he will get details of wherever there are female prisoners and what is the facility. Pointing to obstacles he said that while the  officials had tried to bring certain female prisoners to these four OCIs the female prisoners had refused to go stating that their families were located in these places and they would come to meet the inamtes every week. 

To this the bench orally said,

“See, mostly female prisoners are left out by the family. This is a total misnomer that family meets female prisoners. This is not there for female prisoners. They are in a pathetic situation. Nobody needs them; nobody comes to them... There has to be proper exercise for this; a kind of confidence is created in the person that they become ready to come to the correctional home. Awareness of OCI. The facilities that are needed. The whole concept of OCI is to be understood by the person who is supposed to be put up there. It is kind of like they have not thought of how they will work out their life there, and then there are some correctional homes where families live, a young female, a small child".

The court said that while the committee can take its course, however "something more is to be done at a speedy manner". 

It thereafter in its order dictated:

“It is pointed out by Amicus that in view of the order of the Apex Court of 26.2.2026, instructions have been circulated by NALSA vide communication dated 09.07.2026 asking the Registrar General of all High Courts to intimate about the constitution of committees under the directions of the High Court and further progress made in the matter. Perusal of the order indicates that the State Committee have been directed to submit a status report to the High Court on a regular quarterly intervals detailing steps taken towards compliance with directions issued therein, Utilization and expansion of OCI and any difficulties encountered in implementation of the directions issued by the Supreme Court.

The first such status reports shall have to be placed on record before the High Court on or before 21.8.2026. The Advocate General appearing for the State responds that the status report shall be filed within time".

The matter is listed on September 11. 

Case title: SUO MOTU v/s STATE OF GUJARAT, HOME DEPARTMENT & ANR.

R/WPPIL/21/2026