The Chhattisgarh High Court has called upon the state to evaluate the potential implementation of open jails in the region, marking a significant step towards penal reform.The Public Interest Litigation (PIL) case was initiated to investigate the potential adoption of open prisons in Chhattisgarh.
Chattisgarh: On Monday (11th March): The Chhattisgarh High Court has issued a directive to the state government to assess the viability of introducing open jails in the region as part of a Suo motu Public Interest Litigation (PIL) case.
Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, comprising the division bench, highlighted concerning statistics during the proceedings. They noted that, despite a jail capacity of 15,485, the current inmate population stands at 19,476. Moreover, the presence of 82 children living with female inmates in prisons raised serious concerns. Additionally, the court observed instances of overcrowding, with 1,843 prisoners housed alongside skilled professionals and 504 senior citizens, and reported escape attempts by three inmates.
The court expressed particular worry about over 340 convicts serving sentences exceeding 20 years, some of whose appeals had been dismissed by the Supreme Court. This led to contemplation on the challenges faced by inmates enduring prolonged incarceration.
The bench further highlighted that although the jails have a total capacity of 15,485, they currently accommodate 19,476 prisoners, including 1,843 skilled professionals, 504 senior citizens, and three prisoners who attempted to escape. This discrepancy underscores the significant overcrowding issue within the prison system.
Prompted by the plight of a man incarcerated since 2010, whose appeal process had stretched over several years, the court emphasized the broader impact of imprisonment on families, especially if the prisoner was the primary breadwinner.
“What would be the plight of those inmates who have to remain in confinement for such a long period of time?” the Court remarked.
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Representatives from the state, including Advocate General Prafulla N. Bharat and Additional Advocate General YS Thakur, were present during the proceedings.
Highlighting the principle of rehabilitative justice, the court favored exploring alternatives to traditional incarceration, citing the concept of open prisons adopted in states like Rajasthan, Maharashtra, and Himachal Pradesh. Open prisons offer a less restrictive environment, fostering social integration and skill development among inmates, thereby facilitating their reintegration into society upon release.
The bench emphasized that after enduring prolonged imprisonment, when a prisoner is eventually released, often at an advanced age, they struggle to support themselves and their families. Therefore, it is incumbent upon the state to thoroughly investigate all avenues that could assist inmates in reintegrating into society as law-abiding citizens upon their release.
The court proposed leveraging the skills of incarcerated individuals to support the establishment of open prisons, suggesting potential benefits for both the inmates and the community.
In response to these concerns, the bench directed the Chief Secretary of the State to submit an affidavit by April 15, outlining the feasibility of implementing open jails in Chhattisgarh.
[Case Title: Suo Motu PIL vs State of Chhattisgarh].
[READ PREVIOUS OPEN JAIL REFORMS]
