Supreme Court Issues Nationwide Directions To Expand And Reform Open Prisons

The Supreme Court today issued comprehensive directions to ensure 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.A bench of Justice Vikram Nath and Justice Sandeep Mehta observed that the directions are issued to ensure that the constitutional guarantees under Articles 14, 15 and 21 are realised in prison administration and to give effect to the reformative philosophy underlying the criminal justice system."The aforesaid directions are issued to ensure that the constitutional mandate of equality and non discrimination and the right to live with dignity as guaranteed under Articles 14, 15 and 21 of the Constitution of India is meaningfully realised in the administration of prisons across the country. This it to give concrete effect to the reformative philosophy that underlines our criminal justice system and to ensure that OCIs function as effective instruments of rehabilitation, reformation, and social reintegration", the Court stated.It also took note of the economic advantage of OCIs over closed prisons, noting data from Rajasthan that the State spends nearly ₹3,000 per month on a prisoner in a closed prison, whereas expenditure on a prisoner in an OCI is about ₹50 per month."We have particularly taken note of the serious discrepancy or rather the serious economic advantage which the open OCIs have over closed prisons. As per the data from the State of Rajasthan which is startling in as much as for a prisoner in closed prison the state requires to spend nearly 3000 odd rupees per month while the prisoner in the OCI requires only expenditure of Rs 50 per month", the Court observed.Highlighting constitutional rights of prisoners, the Court observed, "Prisoners do not cease to be bearers of constitutional rights upon incarceration, and the State's obligation to treat them with humanity, fairness and compassion stands heightened where liberty is lawfully curtailed. OCIs embody this constitutional promise by recognising that trust, responsibility and graded liberty are essential for meaningful reform."The Court issued these directions in a PIL concerning overcrowding in prisons and the functioning of Open Correctional Institutions (OCIs) - Establishment Of OCIs In States And Union Territories The Court directed the States of Goa, Haryana, Jharkhand, Manipur, Mizoram, Nagaland and Telangana, which presently do not have any functional OCIs, to assess the feasibility and necessity of establishing such institutions and to develop a protocol for their establishment. As regards Union Territories lacking OCI facilities, namely Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Lakshadweep and Puducherry, the Court directed the Union of India or the elected government of the concerned Union Territory to examine the feasibility of establishing OCIs. Alternatively, they may evolve a mechanism for transferring eligible prisoners to appropriate and proximate facilities in neighbouring States. Non-Discrimination Against Women Prisoners The Court directed all States and Union Territories to restructure existing OCIs and open barracks within three months to allocate adequate capacity for women. Where women are already legally permitted to be housed in OCIs and open barracks, the Court directed States and Union Territories create within one month a protocol for identification and timely transfer of eligible women and for filling existing vacancies for women. Where integration is not feasible, authorities must create dedicated OCI facilities within closed prisons. The Court held that security concerns cannot generally justify denial of access and directed authorities to frame gender-sensitive mechanisms consistent with Articles 14, 15 and 21. It also directed the States and UTs to review and amend rules that exclude women.Rationalization Of Eligibility Criteria The Court directed the States and Union Territories to revisit eligibility criteria for transfer from closed prisons and base them on the nature of offence, demonstrated reformative potential, institutional conduct and readiness for social integration. Individualised and reasoned assessments must be carried so that OCIs do not function merely as labour camps, the Court said. It directed the states and UTs to adopt best practices from Maharashtra and Rajasthan for effective rehabilitative outcomes including models of community based employment, family integration and diversified vocational training.Disciplinary Mechanisms And Grievance RedressalThe Court held that disciplinary mechanisms within OCIs shall be reform-oriented and proportionate. Diversion to closed prisons shall not be employed as a default punitive response except when strictly warranted, the Court directed. Further, the Court ordered all States and UTs to establish institutional grievance redressal mechanisms enabling...

Supreme Court Issues Nationwide Directions To Expand And Reform Open Prisons

Amisha Shrivastava

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