New Delhi: The Supreme Court, on Thursday, proposed the establishment of open jails as a potential remedy for the overcrowding of prisons and to facilitate the rehabilitation of inmates. Open prisons, which are semi-open or fully open, permit inmates to work outside the facility during the day, allowing them to earn a living and reintegrate with society, thereby easing their transition back into normal life after release.
During a hearing concerning prison conditions and inmate rights, Justices B R Gavai and Sandeep Mehta expressed their intention to expand the presence of open prisons across the country. Citing the effective operation of such prisons in Rajasthan, the bench highlighted that open prisons could significantly mitigate congestion and support prisoner rehabilitation.
“One of the solutions for overcrowding of the prisons can be establishing open air prisons/camps. The said system is efficiently working in the state of Rajasthan. Apart from addressing the issue of congestion in prison, it also addresses the issue of rehabilitation of prisoners,” the bench said.
The bench clarified its focus on expanding open prisons without delving into broader jail and prison reform issues, which are currently under consideration in other petitions.
The National Legal Services Authority (NALSA) has been actively involved, with 24 states responding to its inquiries regarding open prisons. Senior advocate Vijay Hansaria, serving as amicus curiae, raised concerns about convicts being unaware of their right to seek appellate court assistance through legal services.
The bench suggested that a standardised e-prison module, a comprehensive digital jail management system, could resolve many related issues. This matter is already under review by a coordinating bench.
With a commitment to addressing the open prison initiative within these proceedings, the bench aims to adopt this system throughout the country. Advocates K Parameshwar and Vijay Hansaria have been requested to provide their assistance as amici curiae, and NALSA’s counsel has been asked to support the court in this endeavour. The next hearing is scheduled for May 16.