OPEN JAIL in BHARAT | Allahabad HC Directs Government to Develop ‘Open Jail’ Concept Scheme by March 29

Allahabad High Court instructs the state government to examine the ‘open jail’ model implemented in states such as Rajasthan and Maharashtra and present a scheme or proposal by March 29, 2024, to address the matter.

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OPEN JAIL in BHARAT | Allahabad HC Directs Government to Develop 'Open Jail' Concept Scheme by March 29

Lucknow: The Allahabad High Court has issued a directive to the Uttar Pradesh state government, urging a comprehensive study of the ‘open jail’ concept as practiced in states like Rajasthan and Maharashtra. This initiative aims to foster a more rehabilitative environment for prisoners, focusing on their reintegration into society.

The directive emerged from a suo motu public interest litigation initiated by the Lucknow bench of the high court, following a complaint from a prisoner. The bench, comprising Justice A R Masoodi and Justice B R Singh, has set a deadline of March 29, 2024, for the state government to present a well-structured scheme or proposal that aligns with the cause of prison reform.

The ‘open jail’ system represents a progressive approach to incarceration, where inmates, under certain conditions, are allowed more freedom and the opportunity to engage in employment and family interaction. This model aims to reduce recidivism rates by helping prisoners adjust to life outside the prison environment gradually.

In addition to exploring the ‘open jail’ concept, the high court has also expressed concern for the families of prisoners, particularly those who were the sole breadwinners. The absence of these individuals often plunges their families into severe financial distress, with children suffering the most, deprived of fundamental rights to education and healthcare.

The court’s order specifically requests the state counsel, Anurag Verma, to communicate with the additional chief secretary (home) and the director general (prisons and jail reforms), ensuring they are fully informed and prepared to comply with the court’s directives. The aim is to develop a holistic reformative mechanism that benefits not only the convicts but also their families, addressing the broader implications of imprisonment on society.

OPEN JAIL in BHARAT | Allahabad HC Directs Government to Develop 'Open Jail' Concept Scheme by March 29
Open Prison in Rajasthan

To aid in this endeavor, the bench has appointed advocate S M Royekwar to assist with the case, highlighting the court’s commitment to ensuring a thorough and informed approach to this significant issue.

The Allahabad High Court’s initiative underscores a growing recognition of the need for prison reform in Bharat. By advocating for the study and implementation of ‘open jail’ systems, the court is pushing for a shift from punitive to rehabilitative justice. This approach not only aims to improve the lives of those incarcerated but also addresses the wider social and economic impacts of imprisonment on families and communities.

As the state government prepares to respond to the high court’s directive, all eyes will be on Uttar Pradesh to see how it embraces this opportunity to lead the way in progressive prison reform. The success of this initiative could serve as a model for other states, marking a significant step forward in the humane and effective treatment of prisoners in India.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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