The Madras High Court urged the Tamil Nadu government to consider setting up an exclusive open-air jail for women. This proposal aims to provide a more conducive and rehabilitative environment for female inmates, mirroring the benefits that male prisoners receive in similar facilities.
Tamil Nadu: The Madras High Court has instructed the Tamil Nadu government to consider the request for establishing at least one open-air jail exclusively for women. The court further directed that the decision should be made based on the opinions of relevant experts.
This directive issued during the hearing of a Public Interest Litigation (PIL) filed by Raja, a resident of Madurai district.
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The petition challenged Rule No. 797(9) of the Tamil Nadu Jail Rules, 1983, which disqualifies women prisoners from being housed in open-air jails, labelling the rule as illegal. The petitioner also requested the establishment of at least one open-air prison for women in the state.
The PIL highlighted that Tamil Nadu currently has nine central jails, three special women’s jails, nine district jails, 95 sub-jails, three open-air jails, three sub-jails for women, and 12 juvenile jails.
Among these, 4,966 convicts and 9,156 trial prisoners are incarcerated. The petitioner noted that three open-air jails have already been set up for male prisoners, where disciplined and well-behaved inmates are transferred.
The petitioner stated,
“Prisoners here make mental progress. Jobs are provided in open-air jails, offering them a chance to build a better future once they complete their sentence. The Additional DGP Prisons recommended that such a facility should be established for women prisoners and submitted a petition to the Home Secretary. However, there has been no response yet. Therefore, the relevant authorities should be directed to establish an open-air jail for women prisoners.”
In a 2018 order, the court instructed the government to reassess the eligibility criteria for open-air jails under the Tamil Nadu Jail Rules. As a result, the government revised Rules 794 and 797 in 2021 in line with the court’s recommendations.
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A first bench, including Acting Chief Justice D Krishnakumar and Justice R Vijayakumar, noted that there is no longer any restriction preventing women prisoners from being eligible for open-air jails, rendering the petitioner’s request moot.
The judges stated that a decree cannot be issued at this time as the matter requires further evaluation. The court then directed the Home Secretary to consider the petitioner’s request and make an informed decision based on expert opinions. Subsequently, the petition was dismissed.