Supreme Court has directed several states and Union Territories (UTs) to provide complete information with regard to the functioning of open prisons; the court was hearing a matter related to congestion in jails. Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening.
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NEW DELHI: The Supreme Court mandated that several states and Union Territories (UTs) must provide comprehensive information regarding the operation of open prisons within a four-week timeframe.
Open prisons, also known as semi-open prisons, are facilities that allow convicts to leave the premises during the day to engage in work and earn a livelihood, while requiring them to return in the evening. This concept was introduced as a means to help convicts reintegrate into society and alleviate the psychological pressure they often experience when attempting to lead normal lives after incarceration.
A Bench comprising Justices B R Gavai and K V Viswanathan was briefed by senior advocate K Parameshwar, who serves as an amicus curiae in a case addressing overcrowding in jails. He informed the court that many states and UTs had not yet provided the necessary responses.
The bench observed that states and UTs, including Delhi, Himachal Pradesh, Madhya Pradesh, and Punjab, have not yet submitted the required qualitative and quantitative data, despite the circulation of a questionnaire that sought information on the status and functioning of open correctional institutions, as well as whether such institutions exist within their jurisdiction.
“We, therefore, direct that all the States/Union Territories, which have not yet filed their response, to file complete response within a period of four weeks from today”
-the bench stated in its order, issued on August 20.
Furthermore, the bench emphasized that states and UTs that have provided incomplete information must also ensure compliance within the same four-week period.
“We further clarify that if any of the state governments or Union Territories do not respond in terms of the orders passed by this court, we will be compelled to direct the presence of the chief secretary of the states/Union Territories concerned before this court”
-the Bench warned, while scheduling the next hearing for four weeks later.
The Supreme Court noted that on July 15, it had instructed the chief secretaries of various states and UTs to submit their responses concerning the issue of open jails.
The amicus also informed the bench that several states and UTs, including Gujarat, Haryana, Jammu and Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry, and Ladakh, had not yet submitted their responses.
During a hearing on May 9, the Supreme Court had suggested that the establishment of open jails could serve as a viable solution to prison overcrowding, as well as address the rehabilitation needs of prisoners.
In its order dated May 17, the Bench had noted the amicus’s submission that a model draft manual had been prepared by the Union of India, where the term “open correctional institutions” is used to describe such facilities.
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