Supreme Court Allows Kerala Govt To Allot Open Prisons' Land For BrahMos Aerospace

In a PIL pertaining to overcrowding of prisons across India, the Supreme Court today expressed that it will pass directions to ensure that the existing open correctional institutions (OCIs) are adequately utilized by states.

The Court also allowed an application filed by the State of Kerala for allotment of 257 acres open prisons land, out of 457 acres, to BrahMos (180 acres), Sashastra Seema Bal (45 acres) and for establishment of National Forensic Science Laboratory (32 acres). "200 acres [for open prisons] is more than sufficient", noted Justice Mehta. The bench directed the State to take steps as per its proposal.

A bench of Justices Vikram Nath and Sandeep Mehta was dealing with a petition filed by human rights activist Suhas Chakma flagging the issues of congestion of prisons, rehabilitation of prisoners and regarding legal aid to prisoners.

After considering a report filed by Senior Advocate K Parmeswar (Amicus Curiae) on underutilization of OCIs, it reserved orders on the issue. "It's a very serious issue, because on one side, states are facing difficulty due to overcrowding of prisons and on the other, OCIs are available but not being utilized", remarked Justice Mehta.

In the course of submissions, the Amicus told the Court that the Union has done the needful and framed a policy. Now, it's for the states to implement the same as prisons are a state subject. "On OCIs, the Union has circulated a draft law to the states. The Union has written consistently to all states to utilize the OCIs to the fullest mechanism so that other jails are crowded less", said the Amicus.

Notably, he also informed the Court about having shared a questionnaire with all states/UTs seeking quantitative and qualitative data about open prisons. The qualitative data, he pointed out, was sought to see whether these prisons are merely labor camps or something more than that in terms of reformation. In this regard, Justice Mehta commented, "partly, they are labor camps".

The Amicus further emphasized that 6-7 states are running at less than 50-60% OCI capacity and 3-4 states do not allow women in OCIs. Reformation being recognized as part of Article 21, he argued against the restraint on women entering OCIs. When Justice Mehta raised a concern about women's security in case they are allowed to enter OCIs, the Amicus said that it is for the states to workout a mechanism to ensure they are not harmed.

Ultimately, Justice Mehta said, "since the states are least interested in responding, we will consider your notes and pass a detailed mandate". The judge indicated that the bench may not direct establishment of anything for the time being, but "whatever is there, atleast that should be utilized". It was further assured that the orders would be tailored according to the specific situations prevailing in different states/UTs, such as Lakshadweep, north-eastern states, etc.

Case Title: Suhas Chakma v. Union of India & Ors., WP (C) No. 1082/2020  

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